Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

'The Continuum of Value'

BY William J. Morrison
March 27, 2007

Despite no seeming fundamental economic differences, there have been occasions where divorce courts in different states have reached different conclusions of value for the same type of business. For example, the appellate courts in Washington and Colorado were asked to address the value of State Farm insurance agencies operating under the same agreement. In the Colorado case, In Re: Graff 902 P.2d 402 (Colo. Ct. App. 1994), the court ultimately settled on a value for the agency that included goodwill, while a Washington court limited the value of the agency to the hard assets. The same is true for sole proprietor attorneys. In Dugan v Dugan, the New Jersey Supreme Court found that the goodwill of a sole proprietor attorney could have value as a marital asset, even though he was ethically prohibited from selling his goodwill at that time. Taking the opposite view, the Florida Appellate Court in Thompson v Thompson, 576 So. 2d 267 (Fla. 1991), found that if Mr. Thompson could not sell the goodwill of his law practice, it had no value as a marital asset.

Could it be that State Farm agencies in Colorado are worth more than those operating in Washington, or that sole proprietors engaged in practicing law create more value in New Jersey than they do in Florida? We think not!

The 'Value' of Marital Property

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models Image

Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.

Hyperlinked Documents: The Latest e-Discovery Challenge Image

As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.

Identifying Your Practice's Differentiator Image

How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.

Risks and Ad Fraud Protection In Digital Advertising Image

The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.

Turning Business Development Plans Into Reality Image

This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.