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Valuation
For purposes of estimating damages to which
a trust was entitled as a result of actions taken by its trustees,
estimated the fair market value, and changes therein, of a privately
held, multinational diversified conglomerate over a period of nearly
20 years. Assessed the potential for the trustees to have divested
and monetized the trust’s interest in the firm on each
valuation date, and calculated what the proceeds would have been
worth had they been invested in a manner consistent with sound trust
administration.
Prepared comparable company, comparable transaction, break-up,
leveraged buyout, and discounted cash-flow valuations to value shareholder
economic and voting interests, control premiums, and customer/vendor
contracts. Results used to define and negotiate terms leading to Consent
Decree between the Federal Trade Commission and Time Warner pursuant to
its merger with Turner Broadcasting.
Valued intellectual property rights to technology used in the
production of diesel engines and trucks acquired by a Big 3 automotive
manufacturer; defined valuation objective, standard, and premise;
evaluated functional, technical, economic, and legal characteristics
of subject IPRs; analyzed industry, firm-specific, macroeconomic, and
transactional data; prepared income, market, and cost-approach
valuations based on relief from royalty, reproduction cost, and avoided
cost methodologies; specified value conclusion for financial reporting
purposes
In determining HSR Act reporting violations, provided valuation,
tax, cash flow, and IRR analyses relied on by the Federal Trade
Commission, all of which assisted in the negotiation of related Consent
Orders and assessment of penalties of more than $7 million
Refuted relief from royalty, profit split, and discounted
cash-flow valuation methodologies used to provide below-market
valuations in the purchase of trademarks acquired in transatlantic
merger. Determined reasonable royalty rates, valued goodwill,
reallocated purchase price, estimated capitalization rate,
weighted-average cost of capital, and internal rate of return.
Results led to penalties of nearly $3 million in a finding of HSR
Act violations.
Valued an option to purchase physical assets in a
breach-of-contract dispute. Estimated the volatility of the
underlying nontraded assets and performed sensitivity analyses
using multiple option pricing methodologies.
Performed valuations of equities, options, financial derivatives,
and other complex financial instruments for public and private
businesses
Estimated cost of capital for public and private firms in multiple
industries for valuation and regulatory purposes
Assessed the viability of an initial public offering of stock
intended to facilitate an asset divestiture ordered by the Federal Trade
Commission. Evaluated management qualifications, firm strategy, industry
competitive dynamics, historic and pro-forma operating results, financial
position, cash flows, and use of proceeds. Prepared discounted cash flow
and comparable company analyses to validate new issue price.