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Beware of the corporate opportunity doctrine
November / December 2023
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 428
Abstract: Under the corporate opportunity doctrine, an agent of a corporation can’t divert or exploit for the agent’s own benefit an opportunity that’s the principal’s opportunity. This article summarizes a recent case in which a New York trial court found the majority owners of a successful sports bar misappropriated a “corporate opportunity” when they used lease buyout proceeds to relocate the bar and start a new corporation to run it. O’Mahony v. Whiston, No. 652621/2014. (N.Y. Cty., Feb. 15, 2023).
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How to reduce frauds from C-suite executives
November / December 2023
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 562
Abstract: The largest fraud losses typically come from people in positions with the highest authority — owners and executives. A recent study by the Association of Certified Fraud Examiners reports that the median loss from these fraud schemes was $337,000, compared to $50,000 for rank-and-file workers. This article discusses ways to reduce executive-level fraud risks by focusing on the three critical elements of the fraud triangle: motive, opportunity and rationalization.
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FAQs about valuing human capital
November / December 2023
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 682
Abstract: The term “human capital” refers to a trained and assembled group of workers who know how to operate equipment, follow the company’s policies and procedures, innovate to build new products and services, and work together as a team to achieve the company’s strategic goals. Human capital is often an unreported — but valuable — asset that can be difficult to appraise. This article discusses the types of human capital assets, how to value them and when a valuation might be needed.
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Estate of MacElhenny v. Commissioner – Claims against decedent didn’t reduce the estate’s value
November / December 2023
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 862
Abstract: The U.S. Tax Court recently ruled that an estate couldn’t deduct the value of two consent judgments entered against the decedent. This article explains why the U.S. Tax Court sided with the IRS, ruling that the judgments didn’t qualify as “bona fide” claims against the estate. A sidebar highlights the Tax Court’s rejection of the estate’s argument that entry by a state court makes judgments bona fide claims. Estate of MacElhenny v. Commissioner, Nos. 12981-19, 12982-19 (Tax Ct. March 15, 2023).
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Apportionment: Does your damages expert understand this legal concept?
September / October 2023
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 451
Abstract: In Niazi Licensing, the U.S. Court of Appeals for the Federal Circuit excluded the testimony of a damages expert on the proper royalty rate for an infringed method patent. This article summarizes the case and explains where the expert went wrong. Niazi Licensing Corp. v. St. Jude Medical S.C., Inc., No. 21-1864 (Fed. Cir. April 11, 2022).
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Due diligence is critical when buying a distressed business
September / October 2023
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 563
Abstract: In the aftermath of the COVID-19 pandemic and the ensuing market volatility, some businesses are struggling to survive. This article explains that a distressed business may be a prime target for a takeover — but due diligence is critical to avoid overpaying.
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Ransomware attacks on the rise
September / October 2023
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 619
Abstract: Cyber insurance providers — including Marsh and Resilience — are reporting upticks in ransomware claims in 2023. This article highlights this trend and provides best practices for preventing and responding to these attacks.
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Estate of Cecil v. Commissioner – Tax Court permits tax affecting of S corp earnings
September / October 2023
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 857
Abstract: The debate about tax affecting when valuing pass-through entities for federal gift and estate tax purposes continues. “Tax affecting” refers to the practice of reducing a business’s projected future earnings for hypothetical corporate income taxes. This article explains why the U.S. Tax Court reluctantly allowed tax affecting in a recent case. Estate of Cecil v. Commissioner, T.C. Memo. 2023-24 (Tax Ct. Feb. 28, 2023). Gross v. Commissioner, T.C. Memo. 1999-254, aff’d, 272 F.3d 333 (6th Cir. 2001).
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Is your expert independent?
July / August 2023
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 418
Abstract: Even the appearance of bias can be detrimental to an expert witness’s credibility. In today’s legal environment, it’s common to discredit an expert based on his or her relationship with counsel, the client or the judge. This article examines three common red flags that indicate an expert may lack independence.
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Brooks v. Commissioner – “Gross” overvaluation of easement donation leads to 40% tax penalty
July / August 2023
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 552
Abstract: It’s generally not a good sign when the U.S. Tax Court describes your expert’s value conclusion as “incredible as a practical matter.” Recently, taxpayers who claimed charitable contribution deductions for donating a conservation easement learned that lesson the hard way. Not only did the court reject the value provided by the taxpayers’ expert, but it also assessed a 40% penalty for a “gross valuation misstatement.” This article summarizes this recent case. Brooks v. Commissioner, T.C. Memo. 2022-122, Dec. 19, 2022.
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How to investigate fraud claims
July / August 2023
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 608
Abstract: When it comes to uncovering the truth about fraud suspicions, the job is best left to experienced forensic accountants. They’re trained to follow the footprints criminals may leave behind and help build a defensible case. This article discusses best practices that forensic accountants use to conduct interviews and gather evidence.
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Expert testimony – Defense’s challenges go to weight — not admissibility
July / August 2023
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 927
Abstract: The resolution of a federal Rule 702 and Daubert motion in an ongoing complex litigation shows how a federal judge views the admissibility of expert testimony versus weight. This article summarizes why the U.S. District Court for the Northern District of Texas ruled that several arguments against admissibility amounted to issues of weight that should be left to the jury. A sidebar highlights four factors that are considered in Daubert challenges and potential upcoming changes to Federal Rule of Evidence 702. VeroBlue Farms U.S., Inc. v. Wulf, et al., Civil Action 3:19-CV-0764-X (N.D. Tex. Mar. 13, 2023). Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993).
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To discount or not to discount? Court rules discounts are inappropriate in forced buyout case
May / June 2023
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 436
Abstract: New Jersey law allows discounts for lack of control and lack of marketability in certain fair value situations. But the propriety of these discounts depends on many factors, including what’s fair and equitable for the circumstances. This article explains why the court decided against applying discounts when valuing the interests of dissociated minority partners in a shopping mall. Robertson v. Hyde Park Mall, No. 13370-13 (N.J. Super. May 19, 2022).
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M&A advisor: How to protect deals from targeted ransomware attacks
May / June 2023
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 538
Abstract: Merger and acquisition volume is expected to rebound to pre-pandemic levels in 2023, according to a recent survey by Citizens Bank. The survey also found that sellers are increasingly seeking guidance from financial professionals to maximize the price. However, there’s a new reason for sellers to seek professional advice — to lower the risk of ransomware attacks. This article explains how these frauds are perpetrated and provides prevention tips.
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Secrets to a successful turnaround strategy
May / June 2023
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 680
Abstract: The COVID-19 pandemic took a toll on many businesses. However, companies that were able to hunker down and save cash during the economic downturn may be in a position to buy competitors that are in financial distress. But acquiring a troubled target can also pose greater risks than buying a financially sound business. This article discusses ways a valuation professional can help reduce such risks.
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Furrer v Siegel & Rouhana, LLC – Lack of buy-sell agreement leads to lengthy litigation
May / June 2023
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 886
Abstract: When small businesses and professional practices operate without an effective operating or buy-sell agreement, costly disputes may arise when the owners part ways. This article summarizes a recent case involving a law firm that drives this point home. A sidebar provides best practices when drafting valuation provisions of buy-sell agreements. Furrer v Siegel & Rouhana, LLC, No. 13370-13 (Md. App. Oct 17, 2022).