November 06, 2012

The use of experts, particularly valuation experts, is de rigueur in corporate litigation, as it is necessary now, more than ever, to provide an external valuation opinion on which the court can base a damages estimate. In the bankruptcy context, the variety of questions that an expert may be called upon to assist in answering is broad. Questions of “reasonable, fair distributable enterprise value,” “indubitable equivalence of secured claims,” “solvency,” “reasonably equivalent value” and “sound business judgment” may all involve assessments of business or asset value.