July / August

Showing 513–528 of 560 results

  • Identify a qualified appraiser with these questions

    July / August 2009
    Newsletter: Viewpoint on Value

    Price: $225.00, Subscriber Price: $157.50

    Word count: 782

    Abstract: This article offers advice to help attorneys identify qualified valuation experts and facilitate questioning in deposition and at trial. It lists several points that can help determine whether an appraiser is qualified, including years of experience, percentage of time spent valuing businesses and professional business valuation credentials. The article suggests that obtaining clarification up front can help attorneys get the most from a valuator’s expertise and avoid costly mistakes.

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  • For what it’s worth — The issue of owners’ compensation

    July / August 2009
    Newsletter: Viewpoint on Value

    Price: $225.00, Subscriber Price: $157.50

    Word count: 1027

    Abstract: One of the biggest expenses for private businesses is owners’ compensation. Value often is based on comparisons between a subject company and guideline companies. If owners are overcompensated compared with similar businesses, the subject company will be undervalued on a controlling basis — and vice versa — unless the valuator adjusts the company’s income stream. This article discusses the issues involved with owners’ compensation, including executive compensation in divorce cases, tax issues, the company’s industry and the general economy.

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  • Electronic discovery: Federal Rules meet the 21st century

    July / August 2009
    Newsletter: Viewpoint on Value

    Price: $225.00, Subscriber Price: $157.50

    Word count: 1087

    Abstract: Most businesses create and retain information in some type of electronic format, which may include e-mails, spreadsheets, voice mails and accounting records. And all of this electronically stored information (ESI) could be relevant in a lawsuit. The federal judiciary’s Civil Rules Advisory Committee recently amended the Federal Rules of Civil Procedure (FRCP). The new rules, which took effect in December 2006 and govern ESI, provide litigants with a cost-effective, timely way to share data. This article looks at how valuation experts can help attorneys address such issues as potential sources of electronic data, control concerns, preferred formats for electronic documents, and ESI preservation and authentication. A sidebar outlines an 11-point checklist for authenticating electronic records.

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  • Are you producing damaging evidence? The implications of electronic metadata

    July / August 2009
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 708

    Abstract: Electronically stored information (ESI) has become one of the most prominent types of litigation evidence. Such records contain critical bits of forensic evidence — or, metadata — that aren’t found in their hard copy counterparts. When parties produce electronic documents, therefore, they also may be producing revealing, even damaging, metadata. Before it begins to gather and review potentially responsive files, the producing party must preserve requested ESI with its metadata. Forensic experts can help by imaging a company’s servers and hard drives before the files are searched and reviewed.

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  • How computerized testing detects journal entry fraud

    July / August 2009
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 791

    Abstract: Fraudulent journal entries are extremely susceptible to management override of internal controls. And manual testing may miss evidence of fraud, since it can only examine a portion of general ledger entries. Computerized testing, however, considers the entire dataset, reducing the risk of overlooking critical evidence. Such testing also allows fraud experts to devote more time to other aspects of the investigation, such as gathering information about the business and interviewing employees.

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  • Shareholder damages – More class action cases, less certainty

    July / August 2009
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 732

    Abstract: The number of securities class action suits has escalated in recent years. And because greater market volatility historically correlates with an increased level of securities litigation, the numbers can be expected to rise. Market instability can also complicate the already tricky process of calculating shareholder damages. This article discusses some of the steps involved in attributing price, along with the trading models that might be used in aggregating damages.

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  • Court ruling: Accounting for embedded taxes

    July / August 2009
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 1090

    Abstract: A hotly disputed business valuation issue recently was addressed in a seven-years-plus divorce case, one of first impression in New York. The appellate level court considered the extent to which the value of a holding company owned by the husband should be reduced to reflect the federal and state taxes embedded in the securities owned by the company due to unrealized appreciation. The case involved choosing between an “historical tax rate” approach to valuation vs. one in which an actual sale of the company’s assets is assumed to occur on the valuation date. A sidebar addresses the argument of the husband’s expert that the company’s value should be reduced by the nontax costs of liquidation.

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  • Who’s afraid of the Big Bad (Housing) Slump?

    July / August 2008
    Newsletter: Commercial Lending Report

    Price: $225.00, Subscriber Price: $157.50

    Word count: 477

    Abstract: Anyone who lends to homebuilders knows that residential construction is a cyclical industry. But after years of record profits and double-digit value increases, news of a prolonged housing slump is a hard pill to swallow. So, what’s a builder to do? Many have responded by starting fewer new houses, slashing prices and offering financial incentives, such as free upgrades, seller financing and even new cars at closing. But these solutions — which cannibalize profits — are just a starting point for borrowers hoping to stave off financial crisis.

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  • An inconvenient truth about inventory

    July / August 2008
    Newsletter: Commercial Lending Report

    Price: $225.00, Subscriber Price: $157.50

    Word count: 517

    Abstract: Inventory has long been a favorite target among fraudsters. The Great Salad Oil Swindle of 1963, for example, forced 16 investors and lenders — including a finance subsidiary of American Express and two Wall Street brokerage firms — into bankruptcy. Here is how you can learn from history.

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  • Receiverships offer an “out-of-the-box” solution for troubled firms

    July / August 2008
    Newsletter: Commercial Lending Report

    Price: $225.00, Subscriber Price: $157.50

    Word count: 378

    Abstract: When borrowers experience financial distress, bankruptcy and out-of-court settlements are popular ways for creditors to protect their financial interests. A lesser-known alternative worth considering is a court-ordered receivership, in which the court appoints a receiver to preserve, recover or distribute assets for the benefit of the distressed company’s creditors and stakeholders.

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  • Look beyond profits – Asset management is key

    July / August 2008
    Newsletter: Commercial Lending Report

    Price: $225.00, Subscriber Price: $157.50

    Word count: 616

    Abstract: Businesses encounter financial problems every day. It’s a lender’s job to read the writing on the wall before customers’ problems become their own. This article discusses how bankruptcy, bad debt writeoffs, layoffs and other woes all have one thing in common: inefficient asset management. (Updated 9/27/12)

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  • When the going gets tough – What an economic downturn May Mean For Your Borrowers

    July / August 2008
    Newsletter: Commercial Lending Report

    Price: $225.00, Subscriber Price: $157.50

    Word count: 957

    Abstract: Amid conflicting economic indicators and wide-ranging prognostications, it’s hard to predict where the economy is headed. But a survey of CFOs reveals that optimism in the U.S. economy has reached its lowest point in six years. And 40% of CFOs predict a recession in 2008. Learn how you can prepare your customers.

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  • Estate Planning Red Flag – You haven’t funded (or fully funded) your living trust

    July / August 2008
    Newsletter: Estate Planner

    Price: $225.00, Subscriber Price: $157.50

    Word count: 346

    Abstract: A living trust is fully effective only when it’s fully funded. What does it mean to “fund” a trust? A person must transfer ownership of all or most of his or her assets to the trust or designate the trust as beneficiary of IRAs, qualified retirement plans or insurance policies. This short article explains which assets to include in a living trust.

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  • The inheritor’s trust – An estate planning strategy for your heirs

    July / August 2008
    Newsletter: Estate Planner

    Price: $225.00, Subscriber Price: $157.50

    Word count: 668

    Abstract: After a lifetime of building wealth, people usually are pleased with the thought of their loved ones being able to enjoy it after they are gone. To help them keep the assets out of their taxable estates — as well as enjoy protection from creditors and wealth building opportunities — educate heirs about the benefits of creating an inheritor’s trust. This article details the necessary steps to create an inheritor’s trust.

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  • Special needs require a special needs trust

    July / August 2008
    Newsletter: Estate Planner

    Price: $225.00, Subscriber Price: $157.50

    Word count: 788

    Abstract: If a person has a disabled family member who will require a nursing home, assisted-living facility or other long-term care after he or she is gone, the cost can be enormous. One option is to create a special needs trust that leaves as much to the family member as possible while making the most of government assistance. This article discusses the ins and outs of a special needs trust. (Updated 7/27/12)

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  • Should your life insurance be in an FLP?

    July / August 2008
    Newsletter: Estate Planner

    Price: $225.00, Subscriber Price: $157.50

    Word count: 761

    Abstract: Life insurance is one of the building blocks of a sound estate plan. The key to avoiding estate taxes on life insurance is to make sure the policy holder doesn’t own the policy or possess any “incidents of ownership” in it. One option is to have an irrevocable life insurance trust purchase the policy. Another option that offers greater control and flexibility is having a family limited partnership (FLP) hold the policy. This article explains what an FLP is and its advantages and disadvantages of holding life insurance. (Updated: 7/27/12)

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