Best Practices: Thought Leadership in Valuation, Damages, and Transfer Price Analysis

Robert F. Reilly and Robert P. Schweihs

Publisher: Valuation Products and Services

Best Practices includes nearly 1,200 pages of thought leadership on a wide range of topics, including the valuation of private company securities and intangible assets, valuation for property tax purposes, valuation for ESOPs, fair value measurement for financial accounting purposes, transfer price analysis, and economic damages measurement.

This book provides an anthology of related discussions not found in most textbooks that address valuation, damages, or transfer price principles. Our focus is on topics that present themselves in situations where there is a risk—and a cost—of being wrong. Such situations include complex transactions, tax controversies, and litigation matters. Each Best Practices chapter is intended to present a stand-alone discussion of the current thought leadership on the indicated topic.

With a detailed index, this book will earn a place on the bookshelves of lawyers, valuation practitioners, forensic analysts, and other professionals involved in the practice of valuation, damages, or transfer price analysis.

To purchase: https://www.valuationproducts.com/best-practices

Release Date: November 1, 2019

Best Practices

Table of Contents

I. Valuation Analysis Best Practices

A. Business Valuation Best Practices
1. Asset-Based Business Valuation Approach
2. Application of the Asset-Based Approach
3. Professional Practices Valuation Approaches, Methods, and Procedures
4. Valuation of Health Care Entities, Properties, and Services
5. The Expected Long-Term Growth Rate in the Income Approach
6. Capital Expenditures and Depreciation Expense in the Direct Capitalization Method
7. Cost of Equity Capital Considerations in Statutory Fair Value Valuations
8. Considering a Material Negative Event in a Private Company Valuation
9. Valuing Stock Options for Section 409A Purposes
10. Measuring Volatility in Stock Option Valuations
B. Business Valuation Discounts and Premiums Best Practices
11. Levels of Ownership Control
12. Measuring the Discount for Lack of Control
13. Discount for Lack of Marketability for Controlling Interests
14. Discount for Lack of Marketability for Noncontrolling Interests
C. Intangible Asset Valuation Methods Best Practices
15. Intangible Asset Valuation Approaches, Methods, and Procedures
16. The Cost Approach and Intangible Asset Valuation
17. Market Approach Methods for Intangible Asset Valuations
18. License Royalty Rate Databases in Intellectual Property Valuations
D. Intangible Asset and Intellectual Property Best Practices
19. Intellectual Property Strategic Management
20. Valuation of Computer Software and Information Technology
21. Valuation of Trademark-Related Intangible Assets
22. Valuation of Licenses and Permits Intangible Assets
23. Valuation of Customer-Related Intangible Assets
24. Valuation of Technology-Related Intangible Assets
25. Valuation of Contract-Related Intangible Assets
26. Valuation of Goodwill-Related Intangible Assets
E. Property Valuation Best Practices
27. Real Estate Appraisal Reports
28. Personal Property Appraisal Reports
29. Tangible Personal Property Valuations
30. Special Purpose Property Due Diligence Procedures
31. Allocation of Value between Real Property and Intangible Personal Property
F. Property Tax Valuation Best Practices
32. Business Valuations, Unit Valuations, and Summation Valuations
33. Economic Obsolescence Measurements
34. Economic Obsolescence Measurement Methods
35. NOL Carryforwards and Other Tax Attributes in Property Tax Valuations
36. Applying Market-Based Evidence
37. Extracting Embedded Software for Property Tax Purposes
G. ESOP and ERISA Best Practices
38. ESOP Formation Feasibility Analysis
39. ESOP Financial Adviser Due Diligence Procedure Checklist
40. ESOP Fairness Opinion Analyses
41. Sponsor Company Solvency Analyses and Solvency Opinions
42. Sale of Sponsor Company Stock to an ESOP and to Other Parties
H. Family Law Best Practices
43. Guidance to the Family Law Counsel Working with a Valuation Specialist
44. Reasonableness of Compensation Analyses for Family Law Purposes
45. Family Law Valuations of Large and Small Professional Practices
46. Business Valuations for Family Law Purposes
47. Valuing Derivative Securities and Share-Based Compensation
I. Transfer Taxation Best Practices
48. The Identification and Quantification of Valuation Adjustments
49. Measuring the Discount for Lack of Marketability with Put Option Pricing Models
50. Valuation of Holding Company Ownership Interests
J. Fair Value Measurement Best Practices 51. Acquisition Accounting of Business Combinations
52. Market Participant Acquisition Premium
53. Business Combinations and Goodwill Impairment
54. Business Combinations and Bargain Purchase Transactions
55. Contingent Consideration in Business Combinations
K. Independent Financial Adviser Best Practices
56. Procedures to Avoid Overpaying for Acquisitions 57. Technology Company Fairness Opinions 58. Transferring Private Company Equity to Key Employees 59. Financial Adviser Expert Report and Expert Testimony Guidelines

II. Damages Analysis Best Practices

L. Damages Measurement Methods Best Practices
60. Forensic Analysis of Intangible Asset Damages
61. Deprivation-Related Property Valuations
62. Event Studies to Measure Economic Damages
63. Measuring Trade Secrets Damages
64. Legal Standards Related to Damages Measurements
M. Forensic Analysis Best Practices
65. Intellectual Property Forensic Analysis Considerations
66. Due Diligence Procedures in Damages Analysis
67. Due Diligence Interviews in Forensic Analysis Engagements
68. Trade Secrets Damages Awards

III. Transfer Price Analysis Best Practices

N. Transfer Price Methods Best Practices
69. Arm’s-Length Price for Intellectual Property Transfers
70. Marketing-Related Intangible Property Transfer Price Analyses
71. Intangible Property Transfer Pricing Guidance
72. Intangible Property Transfer Price Analysis

Index