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VALUATIONS, APPRAISALS AND LITIGATION SUPPORT

Every valuation, appraisal or litigation support projects requires a clear understanding of the facts and an independent view of one's role in reaching conclusions. These conclusions impact the parties in important and material ways: hence, each is undertaken with utmost care and consideration.

Each facet of the Private Investment Banking business requires the ability to understand the value of companies whether in M&A transaction, corporate finance assignments, corporate development engagements or turnaround assignments. The following are examples of projects undertaken by John D. Emery over the years.

Worked as an expert witness in an antitrust lawsuit involving a utility and an alternative energy company. Parties reached successful out of court settlement.

Prepared damage valuation for a sports equipment and apparel company which was put out of business when a local bank withdrew its loan and foreclosed on the company's assets. Parties reached a successful out of court settlement.

Provided valuation on a dozen fast food restaurants. Purpose of valuation was to settle differences between minority and majority stockholders. Parties reached agreement through negotiations based on valuation work.

Served as valuation expert in a lawsuit involving a dispute between a restaurant owner and a national shopping center regarding exclusivity language in a lease agreement.

Served as valuation expert in a lawsuit involving a large contractor and an out-of-state subcontractor. Parties reached successful out of court settlement.

Served as valuation expert in a lawsuit involving a large out-of-state soft goods manufacturer who was being taken advantage of by a politically connected retailer who did not intend to pay its bills. Parties reached a successful out of court settlement.

Served as valuation expert in a lawsuit resulting from deficient design and construction of a waterpark that resulted in delays and the ultimate financial failure of the project. Plaintiff abandoned the project.

Served as valuation expert in a lawsuit between a regional wholesale distributor and a Fortune 100 company in which the local firm acquired computer equipment and software that was did not perform as promised. The local firm eventually sold the business and received a substantial award for damages.

Served as a valuation expert in a damage lawsuit involving a contractor who paid insurance premiums to a sales agent who did not forward moneys to the insurance company. Case went to court and the Plaintiff won a judgment.

Served as valuation expert in the Bankruptcy Court for the oldest sports equipment business in the state of New Mexico.

Prepared valuation report to determine the value a minority stock position in a regional bulletin board service for the purpose of negotiating among the partners in a lawsuit. Parties reached a successful out of court settlement.

Served as valuation expert in determining damages caused by a law firm that represented both sides of a transaction resulting in the plaintiff's loss of a leading automobile dealership. Parties reached a successful out of court settlement.

Served as expert in the valuation of a "guest ranch" involving a dispute between buyers and sellers of the enterprise.

Retained by a creditor in a Chapter 11 Bankruptcy case to render an opinion as to whether or not payments received from a bankrupt company were preferential.

Served as valuation expert in determining damages caused by the willful disregard of the law by a middle-sized city in its dealings with a motel, restaurant, and real estate developer. Parties reached a successful out of court settlement.

Retained in divorce case to determine the value of an Internet business and estimate the "negative equity" that occurred during the marriage. Parties reached a successful out of court settlement.

Served as valuation expert in a divorce involving the valuation of a business and to determine whether or not the owner paid himself adequately over a ten-year period. Case involved a wholesale Indian jewelry business. Parties reached a successful out of court settlement.

Served as a valuation expert in a personal injury lawsuit. Injured individual was unable to pursue a business venture as a result of an accident in which the individual lost 40% of his foot. Parties reached a successful out of court settlement.

Served as an expert in a Court Marshal proceeding regarding the impact of a Bad Conduct Discharge on the future of a young Marine.

Served as a valuation expert in a divorce proceeding involving a large auto parts distributor. Parties reached a successful out of Court settlement.

Served as a valuation expert in a startup architecture company for the purpose of establishing a buy-sell agreement among the owners.

Served as valuation expert in a divorce involving an Internet company. Pioneered the concept of "negative equity" within the proceedings. The dispute was quickly resolved.

Assisted a wealthy investor win case in Bankruptcy Court and take over another Taos hotel whose loans he had purchased from the RTC.

Served as valuation and ordinary-course-of business expert involving a dispute between two brothers, one of whom owned a well known bakery and the other felt he was entitled to purchase the bakery due to a Letter of Intent signed by the owner. Assisted brothers in resolving differences and averted an expensive Court trial.

Retained by the Taxation and Revenue Department of the State of New Mexico to provide valuation on the fair market value of a carpet distribution and installation company involved in a dispute over successor liabilities matters and provided expert witness opinion on behalf of New Mexico Tax and Revenue involving ordinary course of business matters. Parties reached a successful out of court settlement.

Retained by the Taxation and Revenue Department of the State of New Mexico to serve as an expert in the Furr's Supermarket Bankruptcy. The Furr's Supermarket case was the largest filed in the history of the New Mexico Bankruptcy Court. Parties reached a successful out of court settlement.

Selected by the Albuquerque Public Schools Board of Education (APS) to represent the Board in its proceedings against a Superintendent who had been dismissed. Required serving as a witness in State Court and being deposed for many hours.