Advocate's Edge / Litigation Support

Showing 225–240 of 380 results

  • Daubert challenges: Is your financial expert vulnerable?

    May / June 2014
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 435

    Abstract: The U.S. Supreme Court’s 1999 opinion in Kumho Tire Co. v. Carmichael made clear that the Daubert criteria for admissibility of expert testimony applies to all types of experts — including financial witnesses. In the years since Kumho, PricewaterhouseCoopers has regularly examined written opinions that address Daubert challenges. This article looks at its latest report, which can help plaintiffs and defendants choose expert witnesses.

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  • Valuing a professional practice – Court prefers excess earnings method in divorce case

    May / June 2014
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 616

    Abstract: Experts on opposing sides commonly rely on different methods when valuing a business. But that doesn’t mean all methods are equally valid. The particular circumstances — including the type of litigation and kind of business — may dictate that one method is preferable to the other. This article discusses one divorce case in which the court found that the excess earnings method was superior to the price-to-revenue method in valuing a dental practice.

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  • Have faith – Trusting fraud experts with your fidelity insurance claims

    May / June 2014
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 646

    Abstract: When businesses pursue civil actions against occupational fraud perpetrators, they generally settle the case or receive favorable verdicts — but they rarely recover the full amounts of their losses. Fidelity insurance is designed to help bridge that gap. Unfortunately, as this article explains, proving larceny or embezzlement losses to an insurer can be challenging. A forensic accountant can help companies meet insurers’ exacting requirements.

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  • Weak buy-sell agreement leads to lengthy litigation

    May / June 2014
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 761

    Abstract: Closely held businesses often rely on buy-sell agreements to ensure a smooth transition when an owner exits the company. But the agreement also needs to provide a clear method for valuing the shares for repurchase. This article describes a court case that resulted when a buy-sell agreement didn’t include the value for company stock shares and the two parties couldn’t subsequently agree on a valuation method. A sidebar explains why using valuation formulas in a buy-sell agreement can be problematic.

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  • Goodwill Registry provides key comparables in divorce case

    March / April 2014
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 419

    Abstract: Should valuations of professional practices such as law firms and medical practices include an amount for goodwill? This question continues to pop up in divorce cases. This article looks at one such case that highlighted a tool that is often used to assist in valuing goodwill: the Goodwill Registry, which many valuators use as a “sanity check” for goodwill numbers calculated using other methods.

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  • Price erosion theory supports patent infringement award

    March / April 2014
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 599

    Abstract: Calculating patent infringement damages for lost profits or reasonable royalties is almost always complicated, especially when it involves the theory of price erosion. Although price erosion can be difficult to establish, it can lead to significant damages awards — as the defendants learned the hard way in a case involving high-efficiency power converter systems. This article explains why the appeals court concluded that there was sufficient evidence for the jury to have accepted the plaintiff’s pricing estimate.

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  • When fraud distorts value – Appraisers adjust statements and assist attorneys

    March / April 2014
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 687

    Abstract: Among the many negative consequences of occupational fraud, one is rarely mentioned: how fraud affects a company’s value. Schemes involving asset misappropriation, corruption and financial misstatements can distort value. To ensure realistic value conclusions, professional appraisers must adjust financial statements when the existence of fraud is known. This article explains how they go about it.

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  • Fairness opinions: Don’t close a transaction without one

    March / April 2014
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 755

    Abstract: In a fairness opinion, a qualified professional confirms that the terms of a proposed transaction are “fair” from a financial perspective. These opinions can facilitate transactions, reduce the odds of disputes among the parties and provide legal protection in the event of litigation. This article discusses who should offer fairness opinions and the variety of transactions in which they can benefit both buyers and sellers. A sidebar describes the analyses used in an opinion that are similar to three common valuation methodologies.

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  • Extraordinary circumstances: DLOM allowed in forced buyout

    January / February 2014
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 455

    Abstract: When closely held businesses are appraised, professional valuators often apply a discount for lack of marketability (DLOM). However, in forced-buyout situations, DLOMs are generally only applied under extraordinary circumstances. This article discusses an unpublished shareholder oppression case in which the court found that such circumstances did indeed exist.

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  • What prevents an equitable divorce?

    January / February 2014
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 659

    Abstract: In divorce cases, courts try to split assets equitably between the spouses. But the parties sometimes make a court’s job difficult by hiding assets or even by performing their own valuations. This article explains why hiring an experienced financial expert to accurately appraise assets is the key to a fair settlement. Such experts often have forensic accounting backgrounds and know how to use sophisticated methods to value assets, particularly businesses.

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  • Patent infringement damages – Court tosses expert’s reasonable royalty testimony

    January / February 2014
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 802

    Abstract: Calculating damages in patent infringement cases continues to pose a challenge, with expert testimony on the matter coming under heavy Daubert scrutiny. This article looks at one case in which the judge excluded most of an expert’s proposed damages testimony — despite finding her “highly qualified” and competent to estimate reasonable royalties. A sidebar explains why the judge admonished the expert for failing to consult sufficiently qualified experts.

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  • Diagnosing health care fraud – What employers need to know

    January / February 2014
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 596

    Abstract: With so much money running through the health care system, it’s no surprise that some medical providers are practicing fraud. This article discusses five types of fraud to which public and private health insurers, including self-insured employers, are vulnerable. These involve various forms of misrepresentations of services rendered. The article also lists red flags that might signal fraud.

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  • New COSO guidelines focus on fraud — do your clients?

    November / December 2013
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 495

    Abstract: The Committee of Sponsoring Organizations of the Treadway Commission (COSO) has released the long-awaited revision of its Internal Control — Integrated Framework, updating internal control guidelines that dated back to 1992. This article talks about how the new framework is designed to help organizations apply internal controls more broadly to operations and reporting objectives and to develop a better understanding of how to assess internal controls.

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  • Excess earnings method – Higher valuation of law practice prevails in divorce case

    November / December 2013
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 601

    Abstract: In divorce, the value of a spouse’s interest in a professional practice can play a significant role in the final financial outcome. However, such appraisals can result in a range of values. In one recent case, Wright v. Wright, the spouse’s expert used a methodology to arrive at a value three times higher than that of the husband’s expert. This article explains why the court disputed the husband’s contention that this “bottom-up” method didn’t apply.

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  • Experts put damages assessments in the frame

    November / December 2013
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 699

    Abstract: Without a framework for assessing damages, jurors are more likely to make outsize awards that punish the entire company and its stakeholders rather than the offending individuals or company division. But, as this article explains, by breaking a company down, putting profits into perspective and explaining such concepts as net worth and fair market value (FMV), damages experts provide a context for a reasonable award.

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  • Patent infringement: Scrutinizing the “entire market value” rule

    November / December 2013
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 739

    Abstract: Proving damages in patent cases is rarely straightforward, particularly when the infringing item is only a small feature of a larger product. The general rule is that royalties should be based on the “smallest salable patent-practicing unit.” But there’s an exception to this principle — the “entire market value” rule. This article examines one case in which the court decided whether the rule applied. A sidebar discusses four litigation settlement agreements used by the plaintiff’s expert to establish damages.

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