This paper is intended to provide guidance to those interested in valuation of cryptocurrencies, being a new type of intangible asset.
Subject areas featured include intellectual property litigation, shareholder class action litigation, tax litigation, damages, solvency and a range of other topics relating to expert financial opinions.
Rather than hope that the court will prefer your expert’s opinions, over your adversary’s expert opinion, on the relevant capitalisation rate or discount rate that should be applied, we have provided a comprehensive presentation to arm lawyers with the relevant need to know information on this vexed and technical topic.
AVG Forensic was engaged in early June 2019 to provide covert forensic accounting investigations of a finance director (and founding shareholder) suspected of fraudulent behaviour. These investigations revealed financial results manipulation spanning numerous financial years and significant unauthorised payments by the company at the benefit of this finance director and shareholder. A mutual arrangement was reached between the 2 company directors whereby the finance director resigned from the company at the end of June 2019. The nature of the dispute from this point in time, was that this former director and company shareholder, sought an unreasonably high amount in consideration for the value of his shares in this company.
There is no one determinative factor which determines whether a business is a financially viable and whether a company is insolvent. This article addresses all the factors which need to be considered.
The relative merits of pursuing an Account of Profits or Damages
Registering a patent in respect of a product is designed to provide some competitive advantage to the innovator to deter a competitor entering the market and selling a ‘copycat’ product. However, a registered patent does not guarantee competitive advantage as the following scenarios may arise.
Directors’ breach of ASX listing rules on continuous disclosure
The obligations on directors to keep the market fully and accurately informed on a timely basis, directors attempting to positively influence the company’s listed price, the courts acceptance of litigation funding, and increasing vigilance by shareholders and plaintiff law firms in respect of directors’ disclosures have all contributed to the rise of shareholder class actions in Australia.
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