Business Valuation Expert Witnesses
What is a business valuation expert witness?
Business valuation expert witness candidates typically have extensive experience in forensic accounting, corporate finance, investment banking, and/or appraisal methodologies. Business valuation experts may be accredited as a certified public accountant (CPA), Chartered Financial Analyst (CFA), Certified Fraud Examiner (CFE), Master Analyst in Financial Forensics (MAFF), Certified Valuation Analyst (CVA), or Certified in Financial Forensics (CFF). The chosen expert may be a member of an industry organization such as the American Society of Appraisers (ASA), the National Association of Certified Valuators and Analysts (NACVA), or the International Institute of Business Valuers (IIBV).
What types of cases require a business valuation expert witness?
Llegal matters that would require valuation services include intellectual property valuation, family law (personal property and real estate valuation), mergers and acquisitions, bankruptcy, and fraud. Legal matters require an expert witness in business valuation based on three main standards:
- Fair market value – a value of a business enterprise determined between a buyer a seller
- Investment value – the value a business has to an investor
- Intrinsic value – business value that reflects an investor’s understanding of the company’s economic potential
When selecting a business valuation expert witness, it is important to inquire about past valuation issues and ask what models and assumptions were used. Forensic accounting is a specialty practice area of accounting, and requires accounting, auditing, quantitative methods, knowledge of certain areas of the law, and investigative skills.
Business valuation expert witness case examples
Example contract cases that Cahn Litigation Services include:
- IRS issues in a commercial litigation,
- gift tax fraud,
- personal injury in the workplace,
- lost profits as a result of breach of contract,
- shareholder disputes,
- valuing commercial real estate,
- buy and sell agreements,
- review of financial statements or a cash flow analysis for a fraud investigation,
- marital dissolution,
- intellectual property appraisal for business disputes,
- employee stock options,
- bankruptcy restructuring, insolvency, or liquidation,
- economic loss due to business interruption, or
- financial reporting fraud in the healthcare industry.
What litigation support work might a business valuation expert witness be expected to perform?
Litigation support consulting services by a professional business appraiser could include financial analyses, financial forensics, research, dispute resolution/arbitration, authoring expert opinions, depositions, and expert testimony in court. A business valuation expert witness needs to not only have expertise, but must also be prepared to explain the evidence to a judge and jury, as well as withstand the scrutiny of a cross examination. In a high-profile case, or litigation involving a significant financial stake, an attorney may request an economic damages specialist with prior expert witness testimony experience.
Cahn Litigation Services has the experience required to turn a search for a business valuation expert witness around quickly, providing the right balance of expertise and testimony experience.
Business Valuation Expert Witness - Representative Bios
Please Note: All Cahn Litigation expert witness searches are customized to attorneys' precise specifications and preferences. Attorneys are encouraged to discuss search parameters with a Cahn search specialist.
The below expert witness bios represent a small fraction of those Business Valuation experts known by Cahn Litigation Services. These bios are provided to give lawyers a sense of the Business Valuation landscape.
Expert Witness #265414
This expert is a founding principal of an intellectual property consulting firm specializing in developing IP strategies, IP valuation and monetization of IP as well as providing expert testimony related to IP damages and licensing customs and practices. This expert is a certified licensing professional (CLP) and has worked on dozens of celebrity related projects ranging from litigation to valuation for brand extensions. Half of this expert’s business is expert witness related and the other half is brand valuation and monetization. This expert specializes in analyses and valuation and monetization strategies for publicity rights, marketing strategy analyses, brands, royalty rate determinations, defamation, social media and Internet infringement, copyright, trade dress, trade secrets and trademark infringement and other intangible assets. This expert has been the named expert in over 75 cases, deposed 20 times and has provided trial testimony 5 times.
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Expert Witness #266104
This expert is a Member of a consulting firm offering financial and business expertise. The expert’s particular focus is in licensing and royalty rates, as well as damages calculations and related litigation support. This expert has served as an expert witness in three apparel matters (for three different clients) including copyright infringement (damages) of dress designs, value of dress designs and products in business interruption matter, and analysis of business and determination of reasonable royalty for dress designs and products involved in business acquisition. This expert was a patent examiner at the USPTO and served at the US Treasury and responsibilities including technology licensing, business valuation and transfer pricing, and corporate fraud. This expert’s testimony experience includes evaluating reasonable royalty rates including developing RAND royalty rates considering such issues as scope of the royalty base, lump sum and running royalties, royalty stacking, license comparability, university licensing agreements, exclusive licensing, and apportionment of profits to non-infringing components.
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