John-Henry Eversgerd Partner Sydney T E

Transcription

1 John-Henry Eversgerd Partner Sydney T E jheversgerd@ppbadvisory.com Overview John-Henry is a partner in PPB Advisory s Disputes and Valuations practice. He has over 20 years of experience assisting clients across Australia, New Zealand, the United Kingdom, the Americas, Europe, and Asia. He specialises in economic loss and damage quantification, accounting analysis and the valuation of shares, businesses, intellectual property, contracts, debt, and other investment instruments to help clients with disputes, litigation, transactions, strategy, and their financial reporting and tax requirements. From 2012 to 2014 he was Chair of Chartered Accountants Australia and New Zealand s NSW chapter of the Business Valuation Special Interest Group. He is also the Australian representative of the International Institute of Business Valuers international business valuation accreditation taskforce, Editorial Board Member of Business Valuation Resources, and an honorary associate of Macquarie University s Applied Finance Centre. Sample of instructing solicitor feedback His oral testimony at the hearing was well received and we were ultimately successful in the outcome we wanted to achieve for our client, in no insignificant way because John-Henry was able to clearly articulate the key valuation issues for consideration in a way that was easily accessible to the Tribunal members. I wish to thank you for your efforts in our recent case in which you acted as a financial expert, giving expert testimony on the calculation of damages and on other financial matters relating to the issues at hand in the dispute followed by a crossexamination by opposing counsel. Your answers were well balanced, authoritative and delivered with integrity. Sample of experience Litigation and dispute resolution: Independent expert quantifying loss and damage in a dispute over the termination of a medical technology intellectual property licence. Independent expert quantifying loss and damage in an intellectual property case in the fast food delivery industry. Independent expert calculating damages for alleged theft of intellectual property in the financial planning industry.

2 Litigation and dispute resolution (continued): Independent expert valuing shares of an Australian recruitment company in an intellectual property theft dispute. Independent expert quantifying loss and damage in a breach of contract matter concerning patient entertainment systems in NSW hospitals. Independent expert in a Swedish arbitration assessing economic loss and whether there was evidence of financial deterioration to warrant proper contract termination with a cloud software distributor. Toll Group - Independent expert evidence in Federal Court concerning the ACCC-opposed transaction between Sea Swift and Toll Group. Asahi - Quantification of loss from alleged misleading and deceptive conduct by Independent Liquor management and vendors. Critique of the damages calculation in an intellectual property theft claim from a financial advisor against the acquirer of an IT services firm. Independent expert in an acquisition dispute assessing loss from alleged vendor misrepresentations concerning a grocery wholesaler. Independent expert in a minority oppression case assessing the fair value of shares in a c. $100 million construction company. Independent expert in a warranty and indemnity insurance claim assessing alleged vendor accounting irregularities. Consulting expert in a potential shareholder class action assessing the price impact of earnings performance data not disclosed to the market. Consulting expert quantifying damages in a breach of contract between a Big Four bank and mortgage distributor. Consulting expert in a c. $150 million contract pricing dispute in the Australian offshore oil and gas industry. Consulting expert in an acquisition dispute assessing the accuracy of various accrual and deferral accounting entries of a rental business. Consulting expert assessing the price/value impact of alleged material withheld information by vendors of an electricity cogeneration plant. Consulting expert investigating alleged overstatement of earnings by the vendor of a vegetation management company. Independent expert calculating a disputed performance bonus due to a CEO triggered by the sale of a construction materials business. Quality assurance reviewer in a dispute concerning the legitimacy of costs charged in a large construction project. Independent expert assessing the fair value of shares in a minority oppression case in the Australian mortgage aggregation industry. Consulting expert in the defence of a bank and insolvency firm accused of selling collateral at a price (in excess of $500 million) below fair value. Independent expert assessing the fair value of shares in a minority oppression case in the financial planning and accounting industry. Business valuation and critique of expert evidence in a shareholder dispute in the U.S. mortgage industry. Valuation of a minority interest in a professional services firm in a shareholder oppression case. Economic loss calculation concerning an investment bank's alleged breach of contract in the Australian pubs and clubs industry.

3 Litigation and dispute resolution (continued): Review of earn-out calculations in a commercial office building development dispute. Assistance in quantifying market share losses suffered by a pharmaceutical company from a competitor's alleged false and misleading product claims. M&A, transaction and strategy engagements: APP Corporation - Real estate brand valuation to assess the royalty payment proposed for a long-term trademark and trade name licence. Goodman Fielder - Strategic analysis and valuation of proposed joint venture with a key supplier. Goodman Fielder - Review of strategic forecasting models. Ayers Rock Resort - Valuation assessment of the iconic resort near Uluru for strategic and financial reporting purposes. Crane Group - Fairness assessment of the off-market takeover bid by Fletcher Building for the leading building supplies manufacturer. Risk review and quantification of the master plan for a greenfield commercial, residential and town centre development project in NSW. MasterCard International - Conducted strategic finance and valuation training to MasterCard s finance departments throughout the USA. Valuation of the intellectual property developed by a media company for the purpose of license fee negotiations with a potential licensor. Intellectual property valuations to assist a mining technology company raise capital. Biotech and biomedical technology valuations for a proposed investment in an Australian research and development company. Business valuations to assist a bidder in its determination of a reasonable purchase price to offer for a commercial oils refiner. Fairness assessment of price offered by a leading Australian bank for investments in a Chinese snack food manufacturer. Valuation of a temporary housing development for joint venture partner buy-out negotiations. Risk review and quantification of the master plan for a greenfield commercial, residential and town centre development project in NSW. Share valuation to assist Japanese clients bidding for a cornerstone investment in an Australian agribusiness. Business valuation of solicitor s mortgage company to assess the fairness of the price set for an intercompany transaction. Tax and accounting engagements: Arana Pharmaceuticals - Valuations of patented and unpatented technology of Evogenix for tax consolidation and financial reporting. Bishop Steering - Automotive and aeronautic patent valuations for tax consolidation and financial reporting. Telecom NZ - Intellectual property valuations of an acquired IT outsourcing, SaaS, and cloud computing company. Primary Healthcare - AASB purchase price allocation and tax valuations for the acquisition of a pathology labs business.

4 Tax and accounting engagements (continued): Sungard Datacentres Valuation of the Adelaide based cloud computing data centre in connection with a proposed transaction. Ayers Rock Resort - Valuation assessment of the iconic resort near Uluru for strategic and financial reporting purposes. Sydney Bridge Climb - Executive share options valuation. National Basketball Association - Valuation of the NBA for tax purposes. Major League Baseball - Valuation of MLB including online portal and broadcasting rights for tax purposes. Oprah Winfrey Network - Valuation for tax purposes. Seven Media Group - Tax consolidation and AASB 3 purchase price allocation valuations of the television and media intangible assets. Nine Entertainment - AASB 136 audit reviews of management s impairment testing of television and media assets. Global TV - Lease valuation for tax purposes. New York Times - US GAAP purchase price allocation and tax valuations for acquired local newspapers. Unilever - Tax valuations of Unilever s personal care, foods, refreshment, and home care segments for an international restructuring. Yellow Brick Road - AASB3 purchase price allocation and tax valuation of mortgage manager and online retail investment platform. CBA - AASB3 purchase price allocation and tax valuations for the acquisition of Bankwest. Westpac - AAAB3 purchase price allocation and tax valuations for the acquisition of St George. GE Capital - USGAAP purchase price allocation and tax valuations of Bank of Central America s assets. ANZ - AASB3 purchase price allocation and tax valuations for the acquisition of ING Australia. Mirvac Accounting valuations of Mirvac s real estate investment and development, funds management, and hotel management segments. GE Capital - Valuation of retail credit card portfolio for tax purposes. Jurlique - Brand valuation for the leading Australian health and beauty company. New York Community Bank - Purchase price allocation and tax valuations of an acquired bank s intangible assets. Ironshore Insurance - Valuation for transaction tax purposes. QBE - Impairment testing valuations of reported goodwill. Sumitomo - Valuation of insurance premium funding loan portfolio. Showa Leasing - Valuation of collateralised commercial loan portfolio. DaimlerChrysler - Tax valuations for international restructuring. Hertz Tax valuations of Canadian oil sands operations. Ausgrid - Impairment testing valuations of regulated asset base. Transgrid - Impairment testing valuations of regulated asset base. Delta Energy - Impairment testing valuations of electricity plant. Liz Claiborne - Valuation of fashion labels for tax and accounting. ATO dispute - Dispute over the capital gains tax payable by a foreign investor selling shares in an Australian exploration company.

5 Tax and accounting engagements (continued): Independent expert in a dispute over council rates assessing the method for calculating EBITDA of an Australian oil refinery. Infrastructure valuations of power assets, toll roads, an airport, a ferry business, a bus company, a car parking business, and plantations. Electricity generation, transmission, and distribution company valuations of stateowned enterprises. Practice areas Valuations Disputes Specialist experience Financial Services Technology Real Estate Infrastructure Qualifications/memberships Master of Business Administration (MBA), the University of Michigan, Ross School of Business Bachelor of Arts (BA) in Economics and Philosophy of Science, Cum Laude distinction, The University of Pennsylvania Honorary Associate, Macquarie University Applied Finance Centre Accredited Business Valuation Specialist, Chartered Accountants Australia, and New Zealand Accredited Senior Appraiser, American Society of Appraisers Chair, Chartered Accountants Australia and New Zealand s Business Valuation Special Interest Group, New South Wales ( ) Lecturer, University of Melbourne, May 2014, May 2015 Institute of International Business Valuers (iibv) Taskforce Member Business Valuation Resources Editorial Advisory Board Member Chartered Financial Analyst (CFA) charter holder Accredited Mediator, National Mediator Accreditation System