April / May
Showing 353–368 of 482 results
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Taking a backdoor approach to due diligence
April / May 2012
Newsletter: Commercial Lending Report
Price: $225.00, Subscriber Price: $157.50
Word count: 778
Abstract: Lenders who understand the details underlying business operations are better able to minimize risk — and maximize return. This article shows how to think beyond financial statements and tax returns, and look for skeletons in the closet — and hidden opportunities. It explains the importance of determining whether the company has key people who are there for reasons of competence rather than nepotism and that it has annual insurance reviews to ensure adequate coverage.
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Ready, set, restructure
April / May 2012
Newsletter: Commercial Lending Report
Price: $225.00, Subscriber Price: $157.50
Word count: 861
Abstract: Missed payments, maxed out credit lines, management turnover and unreturned phone calls are just a few of the precursors that indicate it’s time to recommend a restructuring specialist to assist the distressed borrower. This article explains how a specialist can identify costs that can be cut and noncore assets that can be liquidated. It also explains why forgiving or restructuring debt might be advisable. A sidebar discusses ways a restructuring specialist can recommend creative alternatives to improve cash management.
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COSO report: A snapshot of financial fraud
April / May 2011
Newsletter: Public Company Insights
Price: $225.00, Subscriber Price: $157.50
Word count: 283
Abstract: According to the Committee of Sponsoring Organizations of the Treadway Commission (COSO), companies involved with fraud are more likely to experience bankruptcy, stock exchange delisting or other negative long-term consequences. This short article discusses a recent COSO report that provides valuable insights into the nature of financial fraud.
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Wall Street reform makes whistleblower rules critical
April / May 2011
Newsletter: Public Company Insights
Price: $225.00, Subscriber Price: $157.50
Word count: 700
Abstract: The Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank) makes it easier and more lucrative for whistleblowers to bring retaliation claims against a company, and one provision outlines cash incentives for whistleblowers who report suspected misconduct directly to the SEC. Such changes may expose companies to new risks. This article describes those risks and how companies can minimize them by strengthening their internal whistleblowing procedures.
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Fair disclosure – Why companies need a Regulation FD policy
April / May 2011
Newsletter: Public Company Insights
Price: $225.00, Subscriber Price: $157.50
Word count: 552
Abstract: The SEC adopted Regulation FD (for “fair disclosure”) more than 10 years ago to address the “selective” disclosure of information by public companies. But recently, the agency has become more aggressive in pursuing violators — as demonstrated by several high-profile SEC enforcement actions. This article explains why companies need a written Regulation FD policy.
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Are we there yet? A view from the road to international accounting standards
April / May 2011
Newsletter: Public Company Insights
Price: $225.00, Subscriber Price: $157.50
Word count: 980
Abstract: As the journey to International Financial Reporting Standards (IFRS) continues, the SEC is plotting the best route. Although the destination is clear — a single set of high-quality, globally accepted accounting standards — questions still remain about how to get there. This article summarizes progress thus far, including the SEC’s consideration of six factors in determining whether, when, and how the transition should take place. It also reviews some of the outstanding issues, such as funding and regulatory impact. A sidebar discusses how financial accounting standards boards are working to converge U.S. GAAP and IFRS.
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News for Nonprofits – IRS focuses on employment returns, Form 990 topics
April / May 2011
Newsletter: Nonprofit Agendas
Price: $225.00, Subscriber Price: $157.50
Word count: 407
Abstract: This issue’s “News for Nonprofits” looks at the IRS’s Exempt Organization (EO) Office’s plans to examine employment tax returns for information nonprofits report on employment issues, and to look at information on Form 990 for insight on how tax-exempt organizations are operating and prioritizing projects. It also looks at four additional requirements that hospitals must meet to qualify as 501(c)(3) charitable organizations, and two Accounting Standards Updates that revise reporting requirements for health care providers and try to provide more consistency in financial statements.
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What you should know about fiscal sponsorship
April / May 2011
Newsletter: Nonprofit Agendas
Price: $225.00, Subscriber Price: $157.50
Word count: 633
Abstract: What does a nonprofit need to know if it’s interested in becoming a fiscal sponsor? Or, if it knows of a project that could use sponsorship, what basics should be considered? This article explains the difference between a fiscal agent and a fiscal sponsor, and examines the pros and cons of sponsorship and how to identify potential sponsorees.
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Board diversity – Getting the right mix
April / May 2011
Newsletter: Nonprofit Agendas
Price: $225.00, Subscriber Price: $157.50
Word count: 611
Abstract: In its infancy, a nonprofit may simply want to get the word out about its mission. So recruiting as many loved ones, friends and friends of friends as possible might be the most efficient approach. As time passes, however, the not-for-profit might find that it’s represented solely by one race, sex, religion or economic class. This article explains that, as an organization grows, board diversity is necessary to show that the nonprofit represents the population it serves as well as the community in which it operates. It then offers suggestions for achieving this goal.
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An IRS magnet – UBIT expense allocations draw scrutiny
April / May 2011
Newsletter: Nonprofit Agendas
Price: $225.00, Subscriber Price: $157.50
Word count: 839
Abstract: The IRS is turning its attention to how nonprofit organizations calculate the tax they pay on unrelated business activities. The agency is concerned that many nonprofits may be improperly reporting losses related to these activities and thus may not be paying unrelated business income tax (UBIT). This article discusses the circumstances in which unrelated business income is taxable, explains the distinction between “directly connected” and “dual use” expenses, and shows two methods of allocating the latter. A sidebar describes what nonprofits must face if they inaccurately report expenses related to unrelated business activities.
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Ask the Advisor – Q. How can my HR department help facilitate a merger?
April / May 2011
Newsletter: Merger & Acquisition Focus
Price: $225.00, Subscriber Price: $157.50
Word count: 397
Abstract: For both buyers and sellers, the HR department can play a vital role in the M&A process. Poor communication between sellers and buyers, as well as within each organization, can slow down or even derail a merger. Enlisting HR’s help during almost every stage of the transaction ensures that accurate and timely information will reach critical stakeholders.
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Lean, mean, competitive machine – Spinoffs can fast-track your acquisition’s future
April / May 2011
Newsletter: Merger & Acquisition Focus
Price: $225.00, Subscriber Price: $157.50
Word count: 681
Abstract: A business buyer may be satisfied with the acquisition price it paid and that business’s growth prospects. But a strategic divestiture or spinoff could further enhance the acquisition’s value. Spinoffs can help raise cash, eliminate underperforming segments, streamline operations and focus management’s attention on more profitable parts of the company. This article discusses the benefits of spinoffs and how to evaluate potential spinoff candidates.
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When a debt purchase is your best — or only — option
April / May 2011
Newsletter: Merger & Acquisition Focus
Price: $225.00, Subscriber Price: $157.50
Word count: 645
Abstract: Financial institutions wanting to remove distressed loans from their balance sheet may sell the debt to corporate buyers. Buyers, in turn, can use such purchases to gain majority control of distressed businesses — essentially making “backdoor” acquisitions. This article describes the process and tells buyers what they must do to make a debt purchase work.
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Don’t let the economic chill freeze your M&A deal
April / May 2011
Newsletter: Merger & Acquisition Focus
Price: $225.00, Subscriber Price: $157.50
Word count: 776
Abstract: Although the frozen economy appears to be thawing, a full recovery probably is still a long way off. Owners hoping to sell their companies in 2011 need to work to keep proposed M&A deals on track. This article explains how they can boost their appeal for potential buyers and ensure that a proposed deal remains on track and actually crosses the finish line. It looks at how to identify potential buyers and avoid getting bogged down during negotiations. A sidebar lists last-minute issues that need to be addressed.
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Conception vs. copying: A patent case
April / May 2011
Newsletter: Ideas on Intellectual Property Law
Price: $225.00, Subscriber Price: $157.50
Word count: 425
Abstract: It’s wrong to copy another’s work — but, when a patent is involved, the line between conception and copying can be blurred by various arrangements between the parties involved. This article discusses a patent infringement case in which the defendant argued that its copying made it a “prior inventor” and, thus, invalidated the patent claims at issue. Solvay S.A. v. Honeywell Int’l, Inc., 2009-1161, Oct. 13, 2010 (Fed. Cir.)
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Generic drug draws preliminary injunction
April / May 2011
Newsletter: Ideas on Intellectual Property Law
Price: $225.00, Subscriber Price: $157.50
Word count: 535
Abstract: A label for an asthma drug indicated that it could be administered once or twice daily, but the patents described once-daily treatment. Another company sought FDA approval to manufacture and sell a generic version of the drug for twice-daily use. The original manufacturer sought a preliminary injunction barring the applicant from launching its version of the drug. The district court issued the injunction, and the applicant appealed. But, as this article details, the Federal Circuit affirmed the granting of the preliminary injunction. AstraZeneca LP v. Apotex, Inc., Nos. 2009-1381, 2009-1424, Nov. 1, 2010 (Fed. Cir.)