March / April
Showing 577–592 of 616 results
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Fraud study links financial misstatement to collusion
March / April 2008
Newsletter: Commercial Lending Report
Price: $225.00, Subscriber Price: $157.50
Word count: 373
Abstract: A closely knit staff can backfire against an employer when fraud strikes. Collusion can appear in financial misstatement cases in which top managers or others falsify records to appear more creditworthy. Learn about the types of fraudulent reporting techniques, including fictitious revenue, concealed liabilities, improper asset valuations and cutoff scams.
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Valuation revelation – Get to know your borrowers through appraisal reports
March / April 2008
Newsletter: Commercial Lending Report
Price: $225.00, Subscriber Price: $157.50
Word count: 771
Abstract: Financial statements tell just part of the story. Business valuations can provide an added dimension to your understanding of your customers, and affirm (or refute) your own due diligence. This article tells how to get the most from appraisal reports by following certain business valuation basics.
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Getting it wrong the first time – See the silver lining in accounting restatements
March / April 2008
Newsletter: Commercial Lending Report
Price: $225.00, Subscriber Price: $157.50
Word count: 763
Abstract: Financial restatement is increasingly prevalent, with one of every 10 public companies filing for a second time. Many financial statement do-overs result from the misinterpretation of accounting principles, revision of accounting estimates, regulatory mandates or inadvertent math errors. This article explains the causes for restatement, and describes how to minimize them.
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Your assets haven’t been valued by an independent appraiser
March / April 2008
Newsletter: Estate Planner
Price: $225.00, Subscriber Price: $157.50
Word count: 242
Abstract: The best way to substantiate asset values reported in gift and estate tax returns is with an independent valuation by a qualified appraiser. In numerous recent matters before the U.S. Tax Court and other federal courts, taxpayers won or lost their cases based on the qualifications, methods and testimony of their valuation experts. This short article explains the pitfalls of not having assets appraised by an independent valuator.
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Life insurance planning: Avoiding the 3-year rule
March / April 2008
Newsletter: Estate Planner
Price: $225.00, Subscriber Price: $157.50
Word count: 742
Abstract: Life insurance is a fundamental component of most estate plans. And with proper planning, the insurance proceeds can also be exempt from estate taxes. The key to keeping life insurance out of a person’s taxable estate is to make sure he or she doesn’t own the policy or possess any “incidents of ownership” in it, such as the right to change beneficiaries or borrow against its cash surrender value. This article details how to keep insurance proceeds out of an estate.
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Going offshore – Do your assets need an extra layer of protection?
March / April 2008
Newsletter: Estate Planner
Price: $225.00, Subscriber Price: $157.50
Word count: 862
Abstract: Offshore financial planning may evoke images of international spies wiring funds into secret, numbered bank accounts, but the reality is far more mundane. Still, if a person’s wealth is substantial and his or her business exposes him or her to the risk of frivolous lawsuits, an offshore trust can provide an extra layer of protection. This article explores how offshore trusts can protect assets.
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Cash flow control – Design a CRT as a “spigot trust” to manage income stream
March / April 2008
Newsletter: Estate Planner
Price: $225.00, Subscriber Price: $157.50
Word count: 1045
Abstract: A charitable remainder trust (CRT) is a flexible tool that can facilitate a variety of estate and financial planning strategies. If a person doesn’t need the income from a CRT right away, he or she can design it as a “spigot” trust, which allows the assets to grow tax-deferred until he or she is ready to turn on the income flow, such as at retirement. This article explains the ins and outs of spigot trusts.
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Taking a WACC at the cost of capital
March / April 2008
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 454
Abstract: The “cost of capital” can be an important component of an income-based valuation. And like many valuation terms, its precise meaning depends on the context. This brief article explains how appraisers use the weighted average cost of capital to derive a discount rate. It also discusses how appraisers determine a company’s appropriate capital structure — or relative percentages of debt and equity.
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Precise estimate needed for human capital value
March / April 2008
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 764
Abstract: Most business owners can attest to the substantial time and expense involved in attracting and retaining quality talent. Yet from a valuation perspective, owners and their attorneys often need a more precise estimate of the value of a company’s human capital. This article discusses the variety of methods and approaches appraisers may use to come up with a well-founded, reliable workforce value. (Updated 5/21/12)
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Rules of engagement – How CPA ethics rules affect your experts
March / April 2008
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 815
Abstract: Rule 101 of the American Institute of Certified Public Accountants (AICPA) Code of Professional Conduct requires CPAs to be “independent in the performance of professional services.” AICPA Interpretation 101-3, Performance of Nonattest Services, describes several nonattest services that, if performed for an attest client, impair a CPA’s independence. A recent controversial revision to Interpretation 101-3 added expert witness services to the list of activities that impair a CPA’s independence. This article notes the importance of expert witness independence and the impact on litigation.
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I’ve got a secret! Calculating damages in trade secret cases
March / April 2008
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 1117
Abstract: Although trade secrets are classified as “intellectual property,” they’re conceptually and legally different from other types of intangible assets. Not for public consumption, they include a broad range of assets such as customer lists, formulas, designs, manufacturing processes and marketing plans. This article explains how experts calculate damages in trade secret cases and looks at some of the unique challenges inherent in evaluating this type of intellectual property.
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Involving the police held to be protected conduct
March / April 2008
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 529
Abstract: An employer fired an employee who had called police during an employment dispute concerning sexual harassment. The employer argued that involving the police unnecessarily disrupted the workplace and so constituted a legitimate reason to fire him. But the Eleventh Circuit disagreed, finding that Title VII protected his conduct and that employees don’t waive their rights to police protection simply because police involvement may disrupt a workplace.
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Harassers needn’t know victim’s actual national origin
March / April 2008
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 526
Abstract: This article discusses why the Fifth Circuit decided that a Muslim car salesman from India could sustain his suit for national origin and religious harassment even though his alleged harassers had mistakenly called him “Arab” and “Taliban.” EEOC v. WC&M Enterprises, 496 F.3d 393 (5th Cir. 2007)
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Internal affairs – Don’t leave your business open to disparate-treatment charges
March / April 2008
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 600
Abstract: Can a woman who had an extramarital affair with a male co-worker claim gender discrimination when the company fires only her, not the co-worker? This article discusses why the Seventh Circuit said no. Hossack v. Floor Covering Associates, 492 F.3d 853 (7th Cir. 2007)
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Definitions key in determining FMLA eligibility
March / April 2008
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 551
Abstract: The Sixth Circuit held that denying leave to care for an adult daughter and a newborn grandchild didn’t violate the Family and Medical Leave Act. The court found that the FMLA doesn’t entitle an employee to leave to care for a grandchild, and it authorizes leave to care for children who are 18 or older only if they suffer from a serious health condition and are “incapable of self-care because of a mental or physical disability.”Novak v. MetroHealth Medical Center, 503 F.3d 572 (6th Cir. 2007)
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Is obesity a disabling impairment under the ADA?
March / April 2008
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 733
Abstract: That was the question before the Eleventh Circuit. It had to decide whether obesity and related medical conditions constituted a disability under the Americans with Disabilities Act. This article discusses why the court held that the plaintiff wasn’t disabled under the ADA. In a sidebar, this article also explains why a federal trial court held that episodic or medication-controlled conditions aren’t ADA-defined disabilities. Greenberg v. BellSouth Telecommunications Inc., 498 F.3d 1258 (11th Cir. 2007) Wofsy v. Palm Shores Retirement Community, 2007 U.S. Dist. LEXIS 68819 (D.Fla. 2007)