Shareholder Dispute: Economist at Trial

By Christopher Skerritt, M.Ed., MBA, Chief of Economic Services · Published · Reviewed

Trial testimony in a partnership or shareholder dispute presents a valuation to a fact finder who may not have seen one before. The economist explains the standard of value and why it fits the claim, walks through the normalization adjustments from the company's records, presents the approaches applied and their reconciliation, and addresses any discounts. Demonstratives should show the normalized earnings, the rate applied, and the resulting value, plus a reconciliation of the two valuations that shows how much of the gap each disagreement explains. The rebuttal of the opposing valuation should be organized by input, not by conclusion.

Checklist

  1. Prepare a plain-language explanation of the standard of value and why it applies
  2. Prepare boards for the normalization adjustments, the rate applied, and the value under each approach
  3. Prepare a reconciliation board showing the gap between the two valuations by input
  4. Rehearse the explanation of discounts applied or excluded under the standard
  5. Confirm every board figure ties to a report schedule

Questions to ask the economist

Timeline

One to two preparation sessions in the week before testimony, after the reconciliation of the two valuations is complete.

Required documents

Common pitfalls

Frequently Asked Questions

What is the most useful demonstrative in a valuation trial?

A reconciliation board that starts from one valuation, changes one input at a time to the other valuation's assumption, and shows the value after each change. It tells the fact finder which disagreements matter and lets it decide each on the evidence rather than choosing between two totals.

How does the economist explain normalization adjustments to a fact finder?

As corrections that show what the business earns for an owner, with each one tied to a record: the owner's compensation restated to what an outside manager would be paid, personal expenses removed, related-party rents put at market, and one-time items taken out. Each adjustment appears on the board with its source and its effect on earnings. Presented that way the adjustments read as method rather than opinion.

How does the economist handle a cross question about the size of the discount for lack of marketability?

By stating whether the standard of value for the claim permits the discount at all, and, if it does, the basis for the size applied and the value under the opposing figure. The reconciliation board already shows how much of the gap between the two valuations the discount explains. The economist should not defend a discount the standard excludes or abandon one it permits.

References

Request a consultation on Partnership and Shareholder Dispute or call (201) 343-0700. Plaintiff and defense counsel.