BUSINESS VALUATION

​REPRESENTATIVE CASES

  • Mediated dispute involving primary issues related to division of real estate owned by the parties, valuation and division of two businesses, allocation of community debt, child custody, child support and spousal support. The parties reached an agreement and entered into a written Memorandum of Agreement.

  • Mediated case involving issues of division of real estate, division of investment and retirement accounts, valuation and division of the family business. Business issue resolved with a long term payout tied to future gross receipts. Parties entered into Marital Settlement Agreement.

  • Contested issues regarding the character of a corporation formed during the marriage to which premarital business assets were contributed; business valuation; real estate valuation, child custody, child support and structure for long term equalizing payment. The matter resulted in settlement.

  • This matter involved characterization and division of stock options; a dispute regarding the community business which increased significantly in value after separation, resulting in an apportionment dispute, including date of valuation. The parties also disputed the value of several real estate holdings. The case resulted in trial on child support, spousal support, asset division, debts, reimbursement and attorney fees (including substantial sanctions awarded to client under FC 271 for over litigation by the opposing party).

  • A matter involving a premarital business which substantially increased in value during marriage, requiring apportionment of increased value, valuation and division of real estate assets, and characterization of future royalty income. The matter was resolved by agreement.

  • A case involving the premarital value of a business which grew significantly in value during the marriage (apportionment). The case was tried to a private judge.

  • A case involving the character and value of business interests; value of real estate; child support, spousal support. After a Marital Settlement Agreement, an omitted asset was discovered, resulting in post-judgment proceedings for breach of fiduciary duty, perjury in the Final Declaration of Disclosure, sanctions and attorney fees. The matter was determined at the trial court level, which was appealed unsuccessfully.

  • This matter involved division of assets, including valuation of a professional practice, child custody, child support, spousal support, real estate valuation and post-separation accounting and related breach of fiduciary duty issues. The matter was resolved by agreement in mediation.

  • The matter included business valuation; real estate valuation; apportion of retirement accounts, allocation of parental student loan commitments, spousal support and fees. The matter was resulted in a negotiated settlement.

  • Matter involving business valuation, apportionment and management and control of the business pending trial. The parties reached a Marital Settlement Agreement.

  • Business valuation and apportionment case. The business was separate property with significant value at the date of marriage. The parties contested the marital contribution to the growth of the business during the marriage. The parties reached a Marital Settlement Agreement.

  • Business characterization, valuation and division. Both parties worked in the business and each proposed to buy the other out. Ultimately involved an order for sale of the business, requiring ongoing oversight over the sale process and resolution of disputes between the parties concerning sale issues, and interim management and control.
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  • Principal issue was extent of community interest in business started before marriage (Pereira). Although the business grew significantly during the marriage, the case questioned whether the growth was a result of the management, effort and skill of the spouses contributed during the marriage or rather market drive by factors external to the management efforts. Parties were also highly compensated by the business during the marriage.

  • Valuation of professional practice, businesses owned and operated independently of the practice; child custody, child support, spousal support and fees. Support issue involved determination of future earning capacity of the supported party.

  • Appointed as Judge Pro tem to conduct a Settlement Conference. The case involved complicated and unique issues, which included valuation of a professional practice, including date of valuation and possible (premarital) separate property interest; date of separation and characterization of post-separation earnings and distributions, claims of misappropriation of community property, breach of fiduciary duty, and spousal support. Parties entered into a Settlement Agreement on all issues.