Nonowner Spouse Obtains Discovery of Valuation-Related Info from Owner Spouse’s Medical Practice

April 6, 2020 | Court Rulings, Divorce Litigation, Valuations

Hall v. Hall A Florida divorce case prompted an important discovery ruling from the appellate court as to a nonowner spouse’s right to access documents and information regarding the owner spouse’s interest in a large medical practice. The wife was one of 75 owners in a large medical practice that had 200 physicians. After she  Continue Reading »

COVID-19 Pandemic Poses Complex HR Policy Questions

March 30, 2020 | Business Plans

The COVID-19 pandemic has wreaked havoc on the economy and health of Maine, the country and the entire world. With the city of Portland instructing residents to stay home, and Governor Janet Mills ordering all non-essential business in Maine to close, both employers and employees have countless questions on how this crisis impacts their business  Continue Reading »

Court Says Corrected DCF Still Supports Original Fair Value Determination

March 23, 2020 | Court Rulings, Valuations

In re Appraisal of Jarden Corp. The Delaware Court of Chancery’s recent decision to use the unaffected market price as fair value prompted the petitioners to file a motion for reargument. In its original opinion, the court, as part of its comprehensive analysis, reviewed the opposing experts’ discounted cash flow calculations and, finding neither entirely  Continue Reading »

Consider Taxes When Dividing Up Retirement Accounts in Divorce

March 16, 2020 | Divorce Litigation, Financial Planning, Tax Planning

While the divorce rate in Maine is below the national average, it is still common. Divorce is obviously an emotionally and personally impactful event. But beyond that, it is also a financially impactful one. A divorce can create negative tax consequences, especially in terms of dividing up tax-favored retirement accounts. Here is how to manage  Continue Reading »

Unadjusted Deal Price Best Represents Fair Value, Court of Chancery Says

March 9, 2020 | Court Rulings, Valuations

In re Appraisal of Columbia Pipeline Grp., Inc. In a statutory appraisal case featuring a publicly traded company, the Court of Chancery, after an exhaustive evaluation of the sale process, found the deal price was the best evidence of fair value. It said neither side met its burden of proof to justify a downward or  Continue Reading »

Common Questions About Family Medical Leave Policy

March 2, 2020 | Business Plans

Though it has been in place for decades, the Family and Medical Leave Act still creates questions for employers and employees alike. For this reason, the Administrator of the Department of Labor’s Wage and Hour Division (WHD) periodically responds to new Family Medical Leave Act (FMLA) compliance questions. Below is a sampling of some recent  Continue Reading »

BV Expert Shows How to Produce a Viable Valuation with Little Financial Data Available

February 24, 2020 | Accounting Standards, Valuations

Kvinta v. Kvinta BV expertise matters, as a recent Florida divorce case shows in which the parties’ experts faced the challenge of valuing a company that once operated abroad but was sold a decade before the divorce trial. Only the owner spouse’s experienced valuation expert produced a defensible valuation, the trial court found. The state  Continue Reading »

Tax Rules that Apply to Home-to-Rental Conversions

February 17, 2020 | Financial Planning, Tax Planning

A recent report by Apartment Guide found that Maine had the 3rd largest increase in rent in the country last year. With Portland and the surrounding area experiencing a great deal of growth and development, that may not come as a surprise to many. If you own your home and are planning on moving, you  Continue Reading »

Deal Price Prevails in Yet Another Delaware Statutory Appraisal Ruling

February 10, 2020 | Court Rulings, Valuations

Stillwater Mining Co. Nine days after his ruling in Columbia Pipeline, Vice Chancellor Laster again found the deal price was the most reliable indicator of fair value in a statutory appraisal case involving a publicly traded mining company. The Court of Chancery’s analysis in Columbia Pipeline served as a template for this case, but the  Continue Reading »

What Employers Should Know About the SECURE Act

February 3, 2020 | Tax Planning

If you’re a business owner in Maine who provides some form of retirement plan or account for your employees, you should be aware of the new Setting Every Community Up for Retirement Enhancement (SECURE) Act. Signed into law late last year, its primary purpose is to help individuals save for retirement. But it also contains  Continue Reading »