• Valuing a business on an ongoing basis is intended to avoid valuation disputes in litigation and provide fairness and predictability.
• Courts enforce contractual language that establish the the value of a closely held business based on valuation reports conducted by

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• The benefits of exit planning and succession planning are more than improving the prospects for a future sale at a good price.
• Closely held business owners that implement the Value Acceleration Methodology can expect to improve profits now and to

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• When one partner fails to respond to a notice of breach from the other partner, the relationship may be so damaged that dissolution is required.
• Courts may apply the ‘not reasonably practicable’ standard in determining whether a business can continue

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• Arbitration agreements survive the termination of an underlying contract, unless the parties specifically terminate the arbitrate provision.
• In disputes involving closely held businesses, the arbitration agreement may be invoked even if the business is no longer in existence.
• Unless there

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• The application of a control premium more than doubled the claimed value of a business purchased its employees through and ESOP
• An investment banking firm involved in the transaction is subject to claims that it was biased because the fee

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• An arbitration clause in a is unlikely to be enforceable against a beneficiary unless there was to consent to arbitrate; it is unlikely to be inferred from the will alone.
• An arbitration clause imposed as a condition of accepting the

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