July / August
Showing 577–592 of 616 results
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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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Cruise line faces rough seas in court
July / August 2008
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 542
Abstract: This brief article looks at a series of court decisions involving Celebrity Cruises Inc. that provide insight into the “yardstick method” of computing lost profits. The case also illustrates the importance of presenting direct evidence to support a damages claim.
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Show me the money! – Net worth analysis can reveal hidden assets
July / August 2008
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 522
Abstract: Uncovering hidden assets can be important in a variety of litigation contexts, including fraud investigations, shareholder disputes, divorce and business valuations. One of the most effective techniques for demonstrating the existence of such assets is net worth analysis. This article looks at how net worth analysis works and explains the three primary methods experts typically use to detect hidden assets, including the asset method, the expenditures method and the bank deposits method. (Updated 8/29/12)
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Music promoter wins “record” damage award
July / August 2008
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 1054
Abstract: This article discusses a recent case, Popovich v. Sony Music Entertainment, which illustrates the benefits and pitfalls of using a hypothetical market standard to determine damages. As the case demonstrates, a party that loses an asset through the fault of another shouldn’t be deprived of damages simply because no ready market for that asset exists. The article notes that attorneys should work with their financial experts to develop alternative theories, including a hypothetical market standard, for quantifying a party’s financial loss.
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Valuing manufacturing companies – How experts appraise these asset-intensive businesses
July / August 2008
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 995
Abstract: When valuing manufacturers, appraisers consider these companies’ specific characteristics to reach a reliable estimate of value. Most valuators use one or some combination of the income, market or cost approaches. But regardless of which method or methods they use, valuators need to take into account the hard — and intangible — assets, the efficiency and skill of the workforce, and industry trends and risks. (Updated 5/21/12)
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WARN Act doesn’t require double payment of wages
July / August 2008
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 558
Abstract: This article discusses laid-off employees’ claims that their ex-employer owed them wages under the Worker Adjustment and Retraining Notification Act even though they had begun to work for a successor company. The Fourth Circuit rejected their claim that they had suffered an employment loss, defined as “an employment termination other than a discharge for cause, voluntary departure, or retirement,” on the day the plant shut down. WARN requires employers to provide 60 days’ notice of the date of employment loss resulting from a shutdown, not from the date of the shutdown itself. Long v. Dunlop Sports Group Americas
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A professor’s alleged in-office pornography leads to multiple claims
July / August 2008
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 626
Abstract: The questions before the Second Circuit were: Did a professor discriminate against his secretary on the basis of gender? Did his leaving pornography on her computer subject her to a hostile work environment? Did she suffer an adverse employment action constituting retaliation when he reduced her duties, after she’d complained about the hostile work environment? This article describes the court’s answers and also includes a sidebar on a related decision. Patane v. Clark, Burlington Northern and Santa Fe Railway v. White
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Is depression covered by the ADA and FMLA?
July / August 2008
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 1028
Abstract: Did firing an employee who suffered from depression violate the Americans with Disabilities Act and the Family and Medical Leave Act? This article discusses why the Eighth Circuit decided that the employee hadn’t met other ADA requirements and also hadn’t given sufficient details about her depression to warrant triggering the FMLA. A sidebar discusses why the Eighth Circuit upheld a jury’s finding that a manager’s depression substantially limited his ability to think and concentrate, so his depression constituted a disability under the ADA. Rask v. Fresenius Medical Care, Battle v. United Parcel Service
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Location, location, location – In discrimination cases, where a promotion is offered can make a difference
July / August 2008
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 591
Abstract: The Seventh Circuit had to decide whether an employer racially discriminated against a black assistant manager when it offered to promote him to manage stores in black areas but not in predominantly white ones. This article explains why the court found that the employer had discriminated. Simple v. Walgreen Co.