Assessing the Value of Small Businesses: Understanding Minority Discounts in Operating Agreements and Owner Disputes
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will advise corporate counsel to family-owned and small businesses on the issues related to the potential application and impact of minority discounts in buyouts, sales, and, ownership disputes.
- Buyback agreements
- Minority discounts
- Shareholder activism
- Document review and revision
- Governance documents
- Buy-back agreements
- Option agreements
The panel will review these and other key issues:
- What impact can ownership disputes have on valuation of equity interests?
- Will any applicable valuation methodologies accurately determine the present value of the enterprise?
- When are minority discounts applicable in an equity buyback?
- How should counsel assist in determining the value methodology established in corporate governance documents and/or buy-sell agreements?
- When should value adjustments be made to corporate documents to reflect business growth?
Brett Margolin, Ph.D.
Dr. Margolin provides economic analyses in litigation. His active business valuation practice in corporate governance... | Read More
Dr. Margolin provides economic analyses in litigation. His active business valuation practice in corporate governance and bankruptcy matters focuses on appraisal actions, solvency opinions, and the type of private-company dissolution litigation that has become known as “business divorce.” The business divorce matters also leverage Dr. Margolin’s extensive experience evaluating economic damages in commercial litigation, including intellectual property and contract disputes, and frequently address issues of personal goodwill and excess compensation. His practice also regularly evaluates lost earnings damages in employment and personal injury matters and has addressed issues of statistical and financial modeling in unclaimed property audits and litigation. Dr. Margolin has testified in a number of state and federal jurisdictions, including the Delaware Court of Chancery.Close
Jay R. McDaniel
Weiner Law Group
Mr. McDaniel is an experienced business litigator and counselor who focuses his practice on business divorce, corporate... | Read More
Mr. McDaniel is an experienced business litigator and counselor who focuses his practice on business divorce, corporate governance and intellectual property disputes including copyright, trademark and trade secret litigation. He has represented publicly and privately held clients in a range of industries, from internet startups to established businesses in construction, entertainment, information technology, importation, distribution, banking and construction. Mr. McDaniel has focused on corporate governance disputes involving closely held corporations, often referred to as business divorce, since the mid-1990s. He has counseled businesses and their principal owners through complex business divorces in a broad range of industries and professions. These include both litigated and negotiated breakups of closely held corporations, limited liability companies and partnerships. Mr. McDaniel writes regularly on business divorce and is the editor and principal author of the Business Divorce Law Report.Close