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In his ruling, Judge Ramos lamented that "…the true important purpose of fairness opinions appears to have been lost." This deficiency, however, translates into big opportunity for business valuation professionals who can use extant expertise to provide a truly independent opinion analysis for either side of the table.
In the post-Enron business environment, regulation is only going to increase – it's already started with NASD's Rule 2290, which is close to final. Conflicts of interest will not be taken lightly and the controversy is bound to heat up. The expert panel addressed the most common pitfalls associated with fairness opinions and what valuators can do to avoid these missteps. An irrefutable Fairness Opinion is key in minimizing a subject company's risk.
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