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Showing 1–16 of 320 results
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Gavrilides Mgmt. Co. v. Michigan Insurance Co. – Court dismisses COVID-19 business interruption claim
March / April 2021
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 423
Abstract: During the COVID-19 pandemic, governmental authorities have ordered many nonessential businesses to temporarily shut down. Hundreds of businesses have filed claims under their business interruption coverage, claims that insurers generally have denied. This article summarizes a ruling in one of the first such cases to go to court, which has given insurers confidence that their denials will stand. Gavrilides Mgmt. Co. v. Michigan Insurance Co., No. 20-258CB (Ingham Cty., Mich. July 1, 2020)
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Cryptocurrency and divorce: Getting your client’s money’s worth
March / April 2021
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 533
Abstract: More than a decade after Bitcoin launched, cryptocurrency has become mainstream and, therefore, relevant when it comes to property division in divorce. This form of currency can carry a high value, but it’s also more easily hidden than more traditional assets. This article explains how cryptocurrency works and how divorce attorneys can help their clients identify hidden cryptocurrency assets.
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Plan for the future – Balancing business succession and estate planning
March / April 2021
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 695
Abstract: A challenge presented by family businesses is that the older and younger generations may have conflicting objectives and financial needs. This article highlights strategies that can separate ownership and management succession, as well as generate cash flow for the owner while minimizing the burden on the next generation.
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Fraud in the family business
March / April 2021
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 864
Abstract: Financial statement auditors typically assess the risk of fraud as higher for family businesses than for nonfamily businesses. This article explains why and suggests ways to help reduce that risk. It also addresses how the COVID-19 pandemic increases the risk that family businesses will fall victim to fraud and financial misstatement schemes.
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Linde v. Linde – Court rejects asset valuation approach in appraisal case
January / February 2021
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 412
Abstract: The asset-based (or cost) approach is one of three techniques that are commonly used to value private businesses. It’s based on the adjusted book value of the company’s assets less any outstanding liabilities. This article summarizes a recent Pennsylvania Court of Appeals case, which affirmed that this approach wasn’t appropriate under the circumstances — and a valuation that relied on it wasn’t credible. Linde v. Linde, No. 754 MDA 2018 (Pa. Super. Ct. Oct. 11, 2019)
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Looking to sell? Exercise caution when entering the M&A market during the COVID-19 crisis
January / February 2021
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 574
Abstract: The COVID-19 pandemic has devastated some businesses, while others are thriving. In today’s uncertain marketplace, many companies’ financial profiles have weakened, causing business buyers to be more risk averse. This article explains that sellers need to walk a fine line between pouncing on what may appear to be a good offer and hanging back to mull over the options. A valuation pro can help sellers understand current market value and ways to enhance it.
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Vishing: Beware of callers with malicious intent
January / February 2021
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 660
Abstract: As if adapting to remote working arrangements during the COVID-19 crisis hasn’t been difficult enough, now business owners must safeguard against opportunistic hackers who attempt to infiltrate employees’ less-secure home networks. One emerging ploy uses a new twist on phishing scams to gain access to business networks. This article explains how voice vhishing (or vishing) works and how to prevent it.
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Disputed stock sale survives “entire fairness” review
January / February 2021
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 885
Abstract: The Delaware Chancery Court recently applied the toughest standard of scrutiny — known as “entire fairness” — in a dispute over the control and ownership of a company after the sale of unissued stock to an executive in the business. This article explains how the standard works and how an independent valuation helped the directors prevail in a recent shareholder dispute. A sidebar explains common methods experts use to estimate lost profits in fiduciary breach cases. Coster v. UIP Companies, Inc., No. 2018-0440-KSJM (Del. Ch. Ct. Jan. 28, 2020)
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County of Maricopa v. Office Depot Inc. – Is that expert report final — or a draft?
November / December 2020
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 441
Abstract: The question of whether an expert’s report is a draft, and therefore not subject to discovery, is a hot topic in some courts, both federal and state. This article summarizes a recent federal district court case that demonstrates the stakes involved when making this determination. County of Maricopa v. Office Depot Inc., No. 14-01372 (D. Ariz. Oct. 9, 2019)
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Owners’ compensation: Determining what’s reasonable
November / December 2020
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 519
Abstract: At year end, it’s common for business owners to reflect on the year’s performance and decide whether they’ve been fairly compensated for their efforts. This article highlights some important issues for clients to consider before deciding to whether pay themselves a holiday bonus or make a special distribution to help cover their personal tax obligations from earnings from a pass-through business.
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Spotlight on fraud in the nonprofit sector
November / December 2020
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 676
Abstract: Times of crisis bring out the best — and worst — in people. During the COVID-19 pandemic, it’s critical for not-for-profit organizations to remain diligent in their efforts to combat fraud. This article identifies steps that not-for-profit clients can take to minimize fraud risks and help fulfill their mission.
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Family matters – Are cash advances gifts or loans for tax purposes?
November / December 2020
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 872
Abstract: When friends and family members are struggling to make ends meet — like during the COVID-19 crisis — loved ones may give or lend money to help. However, it’s important to understand whether a client’s transfers will be classified as gifts or loans for tax purposes. This article summarizes a recent U.S. Tax Court case that highlights how the determination is made and how changes in circumstances may lead to different classifications for subsequent transfers. A sidebar highlights a gift tax case where value was determined by the transfer document, not the donor’s intent. Estate of Bolles v. Commissioner, T.C. Memo. 2020-71 (Tax Ct. June 1, 2020) Nelson v. Commissioner, T.C. Memo. 2020-81 (Tax Ct. June 10, 2020)
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Subchapter V: New reorganization rules for small businesses
September / October 2020
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 419
Abstract: The COVID-19 crisis is prompting many struggling business owners to seek relief through bankruptcy. Recent changes to the bankruptcy law, as well as a provision in the Coronavirus Aid, Relief and Economic Security Act, may allow certain small businesses to avoid Chapter 7 liquidation and, instead, opt for a new, more affordable type of Chapter 11 reorganization. This article provides an overview of what’s changed.
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New ACFE study highlights the high cost of white-collar crime
September / October 2020
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 536
Abstract: The Association of Certified Fraud Examiners (ACFE) recently published Report to the Nations: 2020 Global Study on Occupational Fraud and Abuse. This article highlights key findings from the study and explains how experts must factor fraud risks into the valuation equation.
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How to value a distressed business
September / October 2020
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 668
Abstract: The COVID-19 pandemic has caused many businesses around the globe to struggle financially. Distressed businesses present challenges during the valuation process. This article explains how business valuation experts tailor their analyses to address these challenges.
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Discounted cash flow vs. deal price – Chancery Court relies on DCF in appraisal action
September / October 2020
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 822
Abstract: When calculating fair value in appraisal actions, Delaware courts have demonstrated a strong preference for objective, market-based metrics. However, this article summarizes a recent ruling that departs from this trend and, instead, relies on a discounted cash flow (DCF) analysis. However, this case is exceptional; a sidebar highlights a more typical appraisal action in which the court chose the deal price in an arm’s-length transaction as a reliable measure of value. Manichaean Capital, LLC v. SourceHOV Holdings, Inc., No. 2017-0673 (Del Ch. Ct. Jan. 30, 2020), In re Appraisal of Columbia Pipeline Grp., Inc., No. 12736-VCL (Del Ch. Ct. Aug. 12, 2019)