Expert Witness Articles of Interest

The following are recommended articles that we have published in recent newsletters. Each discusses important issues in valuation.

Court rejects expert testimony - In September 2000, Rainforest Cafe Inc., a struggling “eatertainment” operator, entered into a two-part merger with Landry’s Restaurants Inc. At the time of the merger, Rainforest’s stock was trading on NASDAQ for around $2 per share.

Going on the offensive - 3 issues to raise during depositions and cross-examinations - Depositions and cross-examinations provide an opportunity for attorneys to discredit opposing experts and poke holes in their valuation analyses, assumptions and conclusions. A successful offensive against a valuator compromises the reliability of his or her qualifications and report, regardless of a subject company’s “true” value.

What To Look for in a Rebuttal Report - Valuators usually prepare standard valuation reports for clients. But they can also prepare rebuttal reports to convey expert opinions in legal matters. Rebuttal reports are a special subset of valuation reports that valuators prepare exclusively for litigation purposes. Typically, they provide either a critique of another expert’s valuation report or a response to the opposition’s criticisms.