Winning Decision for Rosenfarb’s Clients

High praise given to Sam Rosenfarb by HON. IRA GAMMERMAN (Ret.) Justice of the Supreme Court, New York:
“Rosenfarb, who had many degrees and who was in my opinion an expert in both giving testimony on the issue of what would be appropriate compensation and on many other things. He’s an expert appraiser and he submitted a report and testified at some length regarding the value of the services that the three defendants had rendered or were rendering….

No Case Without Damages Expert

Antioch Co. Litig. Trust v. Morgan, 2014 U.S. Dist. LEXIS 47740 (April 7, 2014)
A recent bankruptcy-related case illustrates how an experienced valuator was precluded from testifying because he had agreed to be a mere conduit for information that the client wanted to place in evidence. If the court’s exclusion did not sting enough,

Court Extols Expert’s Valuation Opinion

Matter of Adelstein v. Finest Food Distributing Co., 2014 N.Y. App. Div. LEXIS 2542 (April 16, 2014); Matter of Adelstein v. Finest Food Distributing Co., 2011 N.Y. LEXIS 5956 (Nov. 3, 2011)
A New York appeals court affirmed a stock valuation in the context of an oppressed shareholder suit. The underlying 2011 trial court decision provides insight into the factors courts consider when assessing the qualification and performance of appraisers.

Delaware Chancery Adopts ‘Unfamiliar’ Valuation Methodology

Laidler v. Hesco Bastion Environmental, Inc., 2014 Del. Ch. LEXIS 75 (May 12, 2014)
The Delaware Court of Chancery regularly uses the discounted cash flow (DCF) method in statutory appraisal actions, but in a recent case that was not feasible. The case involved a group of related companies that operated in the flood barrier industry.