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May, 2011 Contents
Stop by our booth at the MSBA Conference for a chance to win an American Express Gift Card! The Maryland State Bar Association, Inc.: 2011 Annual Meeting Business Valuation Basics & Beyond at SC&H Would you like to learn more about business valuation? Contact Nathan DiNatale to have a 45 minute presentation at your office. He will guide you through the terminology, methods and approaches to valuing a privately held business.
SC&H Business Valuation & Litigation Support Leaders 
Michael J. Young, Over 27 years of experience; serves as expert witness in litigation issues including economic damages, patent infringement, valuation, and fraud matters in Federal and state courts. 
Nathan E. DiNatale, Over 16 years of experience; focuses on business valuations, valuations for financial reporting, litigation support and economic damage calculations. Serves as expert witness in valuation and litigation cases.
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Two Notable Valuation Decisions From the Delaware Courts Two recent Delaware cases gave the courts the opportunity to implement "bright line" rules in the often complex world of corporate valuation. Click here for the full article Experts Need to Link Copyright Infringement to Specific Lost Revenues Interplan Architects, Inc. v. C.L. Thomas, Inc., 2010 WL 3982273 (S.D. Tex.) The plaintiff submitted architectural drawings and designs to the defendant to build nine different convenience stores. Three years later, the plaintiff discovered that the defendant had given the drawings to two other architectural firms to build several stores, and the plaintiff sued all three parties for copyright infringement under federal copyright laws, 17 U.S.C. § 501 et seq. Each party challenged the other's damages expert under Daubert.
Click here for the full article IRS Reveals Seven Mistakes of Highly Unsuccessful Appraisals In recent conferences sponsored by business appraisal professional organizations and industry associations, the IRS has made an effort to discuss, on an informal basis, the most common reasons for auditing a business appraisal associated with a gift or estate tax return. Most of the following "red flags" will not surprise estate and gift tax attorneys (or their financial advisors) so much as confirm the areas that require continued professional oversight and appraisal expertise:
Click here for the full article Divorce Roundup: Goodwill, Taxes, and Effect of Economy Five recent divorce cases show courts still focusing on issues of private practice professional goodwill, the effect of taxes and non-compete agreements; and how to value smaller businesses during the current economy.
Click here for the full article Did ESOP Fiduciary Breach Duties by Relying on Year-Old Appraisal? McCabe v. Capital Mercury Apparel, 2010 WL 4507443(S.D. N.Y.) After the economic crisis of 2008, a small, employee-owned clothing company faced likely liquidation. Accordingly, the company's ESOP-appraisal firm used the adjusted book value to find the stock was worth $69,000, or only $0.015 per share as of the most recent year ending June 30, 2008.
Click here for the full article
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