Contracts with Contingent Consideration Provisions – Stallone Fights Studio’s Accounting Methods

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Contracts_contingent consideration provisions

Contracts that include contingent consideration provisions can lead to disputes regarding key definitions, as well as the amount and timing of payouts. Here are the details of a high-profile accounting dispute that started more than two decades ago between Sylvester Stallone’s production company and a major movie studio involving the 1993 movie Demolition Man.  Gryphon Valuation Consultants has specific experience in analyzing the value ramifications of contingent consideration provisions and conditions precedent.

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How the New Tax Law Will Affect Business Valuations

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The Tax Cuts and Jobs Act is expected to have far-reaching effects that will vary significantly from company to company. In general, the new law lowers business tax rates. But it also reduces or eliminates various business tax breaks, while expanding others, either permanently or temporarily. Here’s a brief summary of the changes and how they affect business valuations. Continue Reading →

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Business Valuations Are Not Commodities

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Business Appraiser Magnifying GlassWhen hiring a business appraiser, you typically get what you pay for. Some business owners may be tempted to seek the offering with the lowest price tag. After all, a business valuation is just a formality, isn’t it? Many owners perceive formal appraisals as something required by an outside party — such as the IRS, a judge or a lender — in order to obtain approval or comply with a regulatory requirement. But a valuation actually provides insight into a company’s current market value, as well as key value drivers to enhance value going forward. A valuation can also serve as a wake-up call for business owners with unrealistic expectations. Continue Reading →

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Business Valuation Myths and Truths

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The business valuation profession has grown rapidly since 1980. Over the decades, it has developed from a rudimentary process into a highly sophisticated mix of art and science to determine the value of a business or business interest. However, many business owners and investors fail to understand the valuation process and its results. Here are some common business valuation myths and the underlying truths.

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Price vs. Value: Which Is Correct When Selling a Business?

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When a business is sold, it often sells for more (or less) than the appraised value. This may come as a surprise to most people, but valuators understand that there are many valid reasons that “price” and “value” may differ. Businesses that understand this subtlety are better positioned to make informed decisions when buying or selling a business.

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E-Discovery: Social Media Counts In Litigation

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E-Discovery in Social MediaCourts have made it clear that social media may be subject to pre-trial discovery. But judges aren’t inclined to grant blanket access to social medial accounts just so litigants can engage in a fishing expedition. Instead they require proof that a site is likely to contain relevant material. This article discusses the e-discovery rules and how social media presents unique challenges.

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Exit Planning: Easing Our Clients’ Pain

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MoneyTree Exit PlanningStudies show that most business owners do not understand the tremendous benefits of proactive exit planning.  Financial and legal professionals are in a position to guide their clients through this life-changing process.  This is the final part of a three-part series focusing on the key elements of a successful exit plan.  The following was sourced from an article by Richard Jackim author of The $10 Trillion Opportunity: Designing Successful Exit Strategies for Middle Market Business Owners.

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Defining an “Exit Plan”

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Compass on Map - Defining an Exit PlanBusiness valuation and exit planning are a natural and powerful combination. Because of this, Gryphon is able to assist business owners and their professional advisors in drafting and implementing a successful exit strategy.  This is part-two of a three-part series focusing on looking beyond the numbers by digging deeper into the elements of a successful exit plan.  The following was sourced from an article by Richard Jackim author of The $10 Trillion Opportunity: Designing Successful Exit Strategies for Middle Market Business Owners, published by the Exit Planning Institute.

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Exit Planning: A Unique Opportunity

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Exit Planning - Man Throwing Paper in the Shape of a Dollar SignExit Planning has become quite a catchphrase.  Because business valuation and exit planning are such a natural and powerful combination, Gryphon is in a unique position to help business owners (our clients) do more than simply understand the value of their business today.  This is part one of a three-part series that focuses on looking beyond the numbers and diving deeper into the benefits that exit planning services can provide–both to our clients and our practices as financial and legal professionals.

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Buy/Sell Agreements – A Business Valuation Perspective

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Buy/Sell AgreementsThe circumstances surrounding Buy/Sell Agreements and their potential for unintended consequences is perhaps a larger issue now than ever before.  Baby boomers are turning 65 at the pace of 10,000 every day. Roughly 7 million small and mid-sized private companies are owned by baby boomers.  For many of these businesses, the timing of their ownership transfer will be unexpected.  What happens then?  Read More…

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