Monday, January 9, 2012 from 12:00 PM to 1:00 PM Downtown at Esquire Solutions 402 West Broadway 16th Floor, Emerald Plaza San Diego Register http://mcleunappreciated2011jan09-eorg.eventbrite.com/
About the Program
Recognition of IP is an often overlooked tool in business, estate, divorce, and accounting practices. IP goes well beyond the realm of patents, trademarks, and copyrights. Recognition of IP provides a new dimension for transactions, property division, and estate planning when the traditional valuation measures of cash flow, comparables, or replacement cost are not available. 1 hour General Participatory credit
About the Speaker
Robert Cogan is Principal Attorney at Continuum Law in San Diego. In the course of his extensive experience, he has had responsibility for the worldwide patent, trademark, and copyright portfolios of public companies and for protecting rights of software companies. He also works with individual artists in visual arts, web design, and music. Mr. Cogan received his law degree from the George Washington University National Law Center.
Does a marriage ending in divorce spell the end of an early stage company? The company or an interest in one may be community property subject to divorce settlement negotiations. One spouse may say the company is worthless while the other sees a large value. A dispute can impact the company’s business. Evaluation by a technically qualified attorney can be very useful.
Conventional business appraisal standards are formulated to work for established companies. These standards include the sale price of comparable companies, cash flow, and the cost to replace the business. However, there may be no companies comparable to the early stage company. Even if there are, sale prices are almost always confidential. Cash flow may be irregular and uninformative regarding value. Finally, the replacement cost could become unimportant as the technology advances.
Often, intellectual property is the predominant component of the value of an early stage company. Patents and trademark registrations alone may not represent the value of the company. An “intellectual property inventory” may uncover unrecognized assets. Each asset may be analyzed for its relation to actual or possible revenue generation, attractiveness for a potential acquirer of the company, and other indications.
The calculated value may not turn out to predict eventual actual cash value. However, meaningful numbers can be generated. This method can give the spouses confidence that a property division based on these calculated values makes sense. Divorce proceedings are often contentious and emotionally charged. This method can reduce delay and difficulty in negotiation of the property division.