Parker v. Parker You may remember the Wisniewski v. Walsh case, in which the court used the marketability discount to punish bad behavior. A trial court decision in a forced buyout follows the same approach. The oppressor had created an “extraordinary circumstance which requires this court to apply a marketability discount” in order to achieve  Continue Reading »

The recent Wayfair decision by the U.S. Supreme Court has had a major impact on states that want to collect sales and use taxes. Before this case, economic “nexus” for tax purposes was established only if the seller of goods or services exhibited a “physical presence” in the state. After Wayfair, sales and use tax  Continue Reading »

Jensen v. Jensen, 2018 Mich. App. LEXIS 40 (Jan. 9, 2018) This Michigan divorce case involving an S corporation that was the owner’s separate property raised a number of valuation-related questions, including an issue of first impression: Are the earnings a closely held company retains during the marriage includable in the marital estate, such that  Continue Reading »

Lally Orange Buick Pontiac GMC, Inc. v. Sandhu Although both sides in a Florida judicial appraisal action offered expert opinions on the value of a car dealership, the trial court used a valuation whose author and methodology were unknown. In rejecting the lower court’s finding, the appeals court provides a review of the principles applicable  Continue Reading »

When your company’s staff is culturally diverse, it can be tempting to require all employees to only speak English during the workday. You may be thinking it’s easier to promote unity and teamwork when everyone speaks the same language. It may not be legal though. This is a confusing area, and it is one that  Continue Reading »

In re Stericycle Financial expert testimony is critical to class actions, which are their own breed of lawsuits. What is still an unresolved issue is whether courts must perform a full Daubert inquiry at the class certification stage. A contract case illustrates the strategies the parties pursue to achieve or thwart class certification. A number  Continue Reading »

r2 Advisors, LLC v. Equitable Oil Purchasing Co. (In re Red Eagle Oil, Inc.) When the distributor of Exxon-branded fuel ran into financial trouble, it agreed to transfer its rights to supply several retail stores to the defendant in exchange for the latter’s assumption of the debtor’s liability to Exxon. After the debtor filed for  Continue Reading »

The Affordable Care Act (ACA), enacting in 2010, has been controversial since the start. The latest legal attack raises the question as to whether insurance carriers will continue to be required to issue coverage with individuals no matter their pre-existing medical conditions, and how much pricing flexibility carriers may have based on a covered groups  Continue Reading »

  A new U.S. Supreme Court ruling paves the way for states such as Maine to require Internet sellers to collect sales tax from consumers — even when they don’t have a physical presence in the state. (South Dakota v. Wayfair, No. 17-494, June 21, 2018) With this ruling, the Court has reversed the long-standing, albeit controversial,  Continue Reading »

Bair v. Bair When appraisers deal with the issue of appreciation of nonmarital property, they often think in terms of “active versus passive.” A Florida divorce case shows that the rigid adoption of this framework may result in an erroneous valuation. Cannot pick and choose: The parties fought over the valuation of the marital portion  Continue Reading »