Shareholder Disputes

Shareholder Disputes

We work with business owners where an independent business valuation is required for purposes of a shareholder buyout. This can be done in a collaborative manner amongst the existing shareholders pursuant to the shareholders agreement or through structured negotiations amongst the shareholders.

We also work with business owners and their legal counsel as independent experts where negotiations have broken down and litigation is initiated. An independent, credible and experienced valuation professional can assist with your litigation to help facilitate a settlement or provide independent expert evidence in Court, mediation or arbitration.

“The arbitration that we were proceeding with involving your report morphed into a mediation and the opposing party, with some encouragement from the arbitrator/mediator, caved in to our position. The arbitrator/mediator did award my client some of his costs and, specifically, awarded him an amount to reflect your work because he felt it was helpful to the resolution of the issues.”

Call a VSP professional when you need financial assistance with the following:

  • Negotiating with other shareholders regarding a potential shareholder buyout
  • Preparation of an independent business valuation report in accordance with
    (or in the absence of) a shareholders agreement
  • Review of an opposing expert’s business valuation report

 

The Process

A summary of the process we typically follow with our litigation support matters is as follows:

Planning Phase
Execution Phase
Reporting Phase
  1. Initial meeting to discuss background information, scope and timing of engagement
  2. Obtain signed engagement letter
  3. Provide preliminary information request
  4. Conduct preliminary research
  5. Preliminary review of opposing expert’s report
  1. Assist with document production
  2. Assist with examinations for discovery
  3. Review and analysis of preliminary information received
  4. Additional research – company, industry, etc.
  5. Detailed review of opposing expert’s report
  6. Additional information gathering, including follow-up meeting/interview of management
  7. Preparation of draft report
  1. Meeting to discuss preliminary findings and draft report
  2. Refine analysis and, if necessary, gather additional information
  3. Obtain signed representation letter
  4. Issue final report
  5. Expert testimony at court, arbitration or mediation, if necessary

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