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Critiquing an Expert Report: Step 9 – Mitigation

 

"The key to a successful defense is often proof that the plaintiff failed to mitigate damages.  The plaintiff is required to act reasonably to mitigate damages, but its failure to do so must be proved by the defendant."   [1]
 
You have now completed the following steps in your review of an :

4 Traps to Avoid When an Acquirer Approaches

You may be eager to , but are you prepared for the numerous questions a potential purchaser will have before they start looking inside every corner of the business?
Many of these questions will be objective in nature, such as:
  • When do...

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Ex-Ante or Ex-Post – Which Do You See More Often?

When where the damages period extends beyond the anticipated trial date, there are issues to address with respect to discounting the future damages.  An earlier post addressed the issue of applying an appropriate discount rate to present value future damages. [1]  The issue of which date the damages should be present valued to, however, was not discussed.  The Ex-Ante and Ex-Post approaches address this issue.

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10 Ways to Increase Your Odds of Getting an Offer

The Sellability Score is an extremely valuable pre-sale to help assess the current "sellability" of their business. 
In the fall of 2012, the Sellability Score researchers analyzed data from users over the past 12 months.  The research team compared the data provided...

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Highlights from the Latest CFIB Research on Succession Planning

"The cannot be underestimated given that about one trillion dollars of business assets could be transferred to the next generation in the next decade." [1]
In November 2012, the CFIB released the results of a study on business succession planning that was conducted over the period from March 9 to May 4, 2011.  Over 8,300 Canadian business owners responded to the stu...

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Could You Sell Your Business As Is?

Have you ever wondered if you could as is?  You may think you have an attractive and valuable company but, would a potential purchaser agree?  Are you ascribing value to sweat equity that a potential purchaser may not attribute value to?  Are you even aware of what a potential purchaser would be willing to pay for your business today?  To answer these questions, you must start thinking like a potential purchaser.

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January 30, 2013

"2013 Business Over Breakfast - Planning ahead with the end in mind" Jason Kwiatkowski, CA, CBV, ASA, CEPA of Valuation Support Partners Ltd. co-delivered a breakfast seminar with Anthony Mazza, CIM, FCSI, F.PI. of ScotiaMcLeod on key issues surrounding pre-transaction planning and business valuation as they pertain to business owners.  

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Critiquing an Expert Report: Step 7 – Discounting Future Damages

Step 7 to critiquing an expert report on damages in a involves identifying the extent to which the damages period extends beyond the current date (or anticipated trial date) and assessing whether or not the expert reasonably present valued the future damages (e.g. lost profits) to the breach date or the trial date at an appropriate discount rate.
The discount rate used to present value fu...

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A Major Trend That Should Concern Business Owners

Heading into a New Year is the perfect time to reflect upon the challenges and successes of the past year and set new goals for the coming year.  Many business owners may be planning to in 2013.  Perhaps some boomers have already delayed this event, for various reasons, and are hoping 2013 will be the year they begin the transition out of their business.