January / February
Showing 497–512 of 623 results
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Nonpublic information considered in valuing securities
January / February 2010
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 607
Abstract: In one recent case, a district court held that it was reasonable for a jury to conclude that material nonpublic information possessed by the defendants affected the fair market value of certain securities. The case is significant because it seems to offer a novel interpretation of the phrase “reasonable knowledge of relevant facts” in the definition of fair market value. The decision suggests that even nonpublic information can be a “relevant fact.”
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Start early, end strong – Tax planning in litigation
January / February 2010
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 580
Abstract: Tax planning at the beginning of a case can have a significant impact on the eventual financial outcome. There’s a substantial difference between an award or settlement that’s subject to income tax and one that’s not. Most cases involve a combination of taxable and nontaxable claims; the ultimate tax treatment of an award or settlement depends on how it’s allocated among those claims. For example, some damages are excluded from income — and, even for those that aren’t, the distinction between wage and nonwage damages is important. It pays to give some thought to tax issues early so as to secure the most tax-advantageous result for a client.
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Gazing into the crystal ball – How contingencies affect a business’s value
January / February 2010
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 762
Abstract: As part of the definition of “fair market value,” both parties in a transaction must have “reasonable knowledge of the relevant facts.” But a host of contingencies are often among the relevant facts, which means that valuators need to look into the future to arrive at fair market value. Both contingent losses and contingent gains must be considered, and they differ in their accounting treatment. For the valuator, the challenge is to quantify any contingencies and adjust the company’s value accordingly.
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The expert’s role in accountant liability cases
January / February 2010
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 1144
Abstract: In lawsuits involving business failures, it’s increasingly common for shareholders and other plaintiffs to name the business’s accountants or auditors as defendants. An accountant’s liability depends on several factors, but it’s first important to know the applicable professional standard he or she uses. This article discusses those standards, along with the accountant’s level of responsibility for the financial statements. A sidebar discusses the extent of an auditor’s responsibility to uncover fraud.
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Estate Planning Red Flag – You haven’t reviewed your estate plan recently
January / February 2010
Newsletter: Estate Planner
Price: $225.00, Subscriber Price: $157.50
Word count: 235
Abstract: The Economic Growth and Tax Relief Reconciliation Act of 2001 created a one-year estate tax repeal for 2010. It’s not likely to remain in effect, though. Although Congress had not yet passed legislation by the end of 2009 repealing the repeal, it might still pass such legislation and make it retroactive to Jan. 1, 2010. Besides this, there are a number of other reasons to update one’s plan.
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Being elastic can be fantastic – Stretch your retirement savings for yourself and your heirs
January / February 2010
Newsletter: Estate Planner
Price: $225.00, Subscriber Price: $157.50
Word count: 804
Abstract: Those with savings in a traditional IRA, a 401(k) plan or another “qualified” retirement account must begin taking required minimum distributions (RMDs) when they reach age 70½. But it’s usually best to let them continue compounding on a tax-deferred basis (or tax-free in the case of Roth accounts) as long as possible. Fortunately, there are several strategies one can use to stretch tax savings over many years. Beginning in 2010, converting a traditional IRA to a Roth IRA will be an option for people of all income levels. One can also roll over a Roth 401(k) or Roth 403(b) to a Roth IRA. And a “stretch” IRA allows one to provide heirs with the opportunity to stretch distributions over many years. But these all have pros and cons that must be considered.
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A blended family requires smart estate planning
January / February 2010
Newsletter: Estate Planner
Price: $225.00, Subscriber Price: $157.50
Word count: 515
Abstract: If a person is married and has children from a previous marriage plus children or stepchildren from his or her current marriage, that family is considered a blended family. For those who wish to pass their wealth on to all of their biological children but also provide for their spouse and perhaps any stepchildren, estate planning can get tricky. Two estate planning strategies to consider involve a qualified terminable interest property (QTIP) trust and an irrevocable life insurance trust (ILIT).
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Do you have a liquidity plan?
January / February 2010
Newsletter: Estate Planner
Price: $225.00, Subscriber Price: $157.50
Word count: 948
Abstract: A liquidity plan is an essential component of an effective estate plan, particularly if a substantial amount of wealth is tied up in a closely held business, real estate or other illiquid assets. It won’t be possible to achieve estate planning goals without liquidity to pay estate taxes and other expenses. An irrevocable life insurance trust (ILIT) or buy-sell agreement are options; if these do not provide enough cash, borrowing from a bank or receiving an extension from the IRS may be alternatives. A sidebar to this article discusses Internal Revenue Code Section 6166, which allows an executor to defer estate taxes associated with a qualifying closely held business.
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Reduction in force or age-based discrimination?
January / February 2010
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 682
Abstract: When a reduction in force (RIF) affects an employee in a protected class, it’s not unusual for a discrimination claim to arise. When an employee in his mid-50s was among several workers laid off following a merger, he sued on the grounds of age discrimination. The employee tried to show discrimination both directly and indirectly, but the employer prevailed — largely because it had thoroughly analyzed the merits and deficiencies of those who were under consideration for the reduction and was able to support its process through objective evidence.
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Imputing ugly staff conduct to the employer
January / February 2010
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 702
Abstract: When an African-American woman moved to a company’s Inside Sales department, she found that her co-workers routinely referred to women in sexually and racially derogatory terms. She complained to her superiors, including the company president. Some steps were taken to halt the harassment, yet it persisted. The key question before the court was whether the harassment could be imputable to the employer. Had it done enough to try to stop the abusive behavior?
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Ignorance isn’t bliss for employer in FMLA lawsuit
January / February 2010
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 511
Abstract: The Family and Medical Leave Act (FMLA) was passed into law to allow employees to take unpaid leave when facing a serious health crisis. But when a supervisor is ignorant of its protections, a lawsuit can result, as one company discovered. An employee who had taken six weeks of FMLA leave was dismissed by her supervisor. During the proceedings, the court found the employer’s claims of poor performance unconvincing in light of their previous appraisals, and her supervisor admitted he’d had no prior knowledge of FMLA requirements.
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SOX and suits – Whistleblower provisions at issue in retaliatory termination case
January / February 2010
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 1128
Abstract: Shortly after a husband and wife, both lawyers for the same firm, pointed out that information about a competitor’s patent had not been revealed in the company’s recent merger — thereby possibly causing the company to be overvalued — they found themselves out of a job. They filed a lawsuit claiming retaliatory termination and citing the whistleblower provisions of the Sarbanes-Oxley Act (SOX). This article discusses the four-prong test that they successfully met to make their case. A sidebar discusses a different case that showed how employers can raise valid defenses to SOX whistleblower retaliation claims.
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Construction Law Quickcase: LandCoast Insulation v. Patent Construction Systems – When rental agreement becomes construction contract
January / February 2010
Newsletter: Construction Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 399
Abstract: Despite the fact that some of these rental transactions may run to six or seven figures over the duration of a contract, they may be documented by only a boilerplate one- or two-page “purchase order” or “rental agreement.” But the shortness of the paper and the terse heading don’t necessarily preclude a court from construing such a document as a construction contract.
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Misleading milestones – Beware of government contract clauses regarding late changes
January / February 2010
Newsletter: Construction Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 701
Abstract: Government agencies often attempt to limit contractor claims for cumulative impact damages by inserting interim “substantial completion” milestones into contract terms and associating “liquidated damages” per day for each missed interim milestone. But when an agency attempts to defeat or reduce damages for cumulative effects of late design changes by claiming such liquidated damages, a court may see through the ruse.
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Arbitration doesn’t always mean simplification
January / February 2010
Newsletter: Construction Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 536
Abstract: Arbitration can be a simpler and less expensive method for resolving construction disputes than going to court. Without thoughtful coordination of arbitration provisions in all documents of a project, however, a situation involving arbitration can become every bit as complex as litigation — if not more so. In one instance, the use of a form contract with an arbitration clause, followed by actions on both sides that were inconsistent with the written contract, led to a much more complex dispute resolution process than there would have been absent any arbitration provision.
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Who’s watching over your contractor’s license? California case highlights importance of license management in all states
January / February 2010
Newsletter: Construction Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 860
Abstract: When a couple directed a builder to stop work after he’d failed to provide documents to back up time-and-materials billings, he filed a mechanics’ lien against the property in the name of the company. But it turned out that the company’s owner, having left the country to do missionary work, had let his California general contractor’s license be used by the employee, instead of assigning it to a legally “qualifying individual” before it expired. As a result, the court dismissed the lien claim and reinstated the judgment against the company. A sidebar to this article looks at the legislative history of California’s tough contractor licensing law penalty provisions.