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Recognized as "the nation's preeminent forum for the determination of disputes" involving private and publicly held businesses, the Delaware Court of Chancery has long been known to appraisers as the source of many of the decisions and guidelines which govern the valuation process. Despite this high standing, much of what is learned from the Chancery is known through the decisions it issues rather than the jurists who author those decisions.
On December 8 BVR is pleased to welcome Vice Chancellor Donald F. Parsons Jr. of the Delaware Court of Chancery for a special two-hour roundtable discussion on the Court. With expert appraiser Neil Beaton and attorney Kevin Shannon, this panel will address what the court is seeing in valuation, what it expects of attorneys and expert witnesses, and how these practitioners can be most effective in presenting the cases of their clients.
Program Agenda
Introduction & welcome
Testimony and reports by expert witnesses
Standard for admission of expert testimony.
Industry experts, "professional" BV experts, and the credentials of witnesses.
Reports & testimony:
The role of the report in the Court of Chancery
The role of testimony in the Court of Chancery
The role of draft reports in the Court of Chancery
The role of the expert in the Court of Chancery
Advocacy
Attorney involvement
Procedural issues
Rules of evidence
Unpublished decisions
View to other jurisdictions
Valuation techniques, the court's view on
DCF and components
Synergies
Subsequent events
Number of valuation approaches
Implied minority discounts
Market approach
Tax-affecting
DLOMs
Learning Objectives
Learn what judges expect of expert witnesses and their reports
Understand how differences in report writing and testimony can impact a case as much as analysis
Learn how the court views the techniques and analysis of business appraisal
Clarify the appraiser's role before the court and the advocacy for one's client
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