Austin smith
Personal Interests

Ms. Austin Smith specializes in M&A and bankruptcy disputes with subject matter expertise in valuation and credit and solvency analysis. She provides testifying and consulting expert services in litigation matters related to mergers and acquisitions, dissenting shareholder actions, leveraged buyouts, recapitalization, debt recharacterization and avoidance actions. Ms. Austin Smith testified as a solvency expert on behalf of JPMorgan Chase in Lehman Brothers Holdings Inc. and Official Committee of Unsecured Creditors of Lehman Brothers Holdings Inc. v. JPMorgan Chase Bank N.A. She has also been retained as a solvency expert in connection with the bankruptcies of Energy Future Holdings, U.S. Steel Canada and Indalex. Ms. Austin Smith also recently testified as a valuation expert in Owens v. Cannon before the Delaware Court of Chancery and is currently retained as a valuation expert in pending appraisal and other M&A litigation matters before the same court. She has also been retained as a valuation expert in similar dissenting shareholder matters in New York.

Ms. Austin Smith has written a number of publications and presented on valuation and credit analysis, for organizations including the American Bar Association, the American Bankruptcy Institute, Thomson Reuters, and Bloomberg Law. She is a contributing author to the Model Merger Agreement for the Acquisition of a Public Company, published by the ABA’s Mergers and Acquisitions Committee, and a contributing researcher to The Standard & Poor’s Guide to Fairness Opinions: A User’s Guide for Fiduciaries. She is Co-Chair of the American Bar Association's Financial Advisor Task Force.

Ms. Austin Smith is also a member of the adjunct faculty of Harvard University Extension School, where she teaches a graduate finance course, and a faculty member of the American Bar Association’s National Institute of Negotiating Business Acquisitions.

Representative Engagements
January 2017
Published in Deal Points, Volume XXII, Issue 1 Winter 2017
The unaccounted cost of accounting – sounding terms in purchase agreements
December 2015
Published in the December 2015 issue of Financier Worldwide
Delaware Appraisal Case Reaffirms Valuation Premium for S Corporations
September 15, 2015
Published in Deal Points
Asset Value Trumps Discounted Cash Flow in Another Bankruptcy Valuation Dispute
July 29, 2014
Published by The Brattle Group, Inc.
Rural Metro Redefines Investment Banks' Role In M&A
March 27, 2014
Published in Law360
Rural Metro: Another Shackelton Expedition Falls Short of the Podium
March 2014
Published by The Brattle Group, Inc.
Solvency Analysis in the Context of Fraudulent Transfer after Eleventh Circuit’s TOUSA Reversal
June 2012
Published in the American Bankruptcy Institute’s Business Reorganization Committee Newsletter
Recent M&A Litigation Provides Updated Guidance for Fairness Opinions
April 2012
Published in Deal Points of the American Bar Association's M&A Committee
Model Public Company Acquisition Agreement with Commentary (Contributing Author)
August 2011
Published by The Mergers & Acquisitions Committee of the American Bar Association
Why Do Solvency Opinions Fail?
April 2011
The Standard & Poor’s Guide to Fairness Opinions: A User’s Guide for Fiduciaries (Contributing Author)
Published by McGraw Hill

Yvette is a Board Member and Treasurer of Midori & Friends, an organization that provides music education programs to underserved children in New York City's public school system. She is also a Strategic Advisory Committee Member of the Appalachian Mountain Club.