Advocate's Edge / Litigation Support

Showing 273–288 of 324 results

  • Don’t let line-of-credit schemes defraud your client

    May / June 2010
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 615

    Abstract: Hard economic times typically lead to more “creative” fraud schemes. One that gets little attention, but potentially is extremely damaging, involves a company’s line of credit (LOC) with lenders. Employees who are closely involved in arranging for LOCs or are calculating periodic receivable availability reports are most likely to commit this complicated type of fraud. But forensic experts have several methods at their disposal to detect complicated LOC schemes.

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  • Valuation expertise is critical when a company is liquidating

    May / June 2010
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 612

    Abstract: Both financially distressed businesses and buyers considering acquiring a company in bankruptcy require the expertise of an experienced valuator. These experts can help owners make informed decisions about their troubled company’s future and maximize liquidation proceeds. And, as this article explains, valuators can provide buyers with accurate appraisals of bankrupt businesses and their assets.

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  • Is your appraiser vulnerable to attack?

    May / June 2010
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 523

    Abstract: Attorneys who rely on professional appraisers should know about some revisions made by the Appraisal Foundation to its 2010-11 Uniform Standards of Professional Appraisal Practice (USPAP) — generally considered the performance and ethical standards for U.S. real property appraisers. Under the revised standards, subject appraisers must disclose any current or prospective interest in the subject property or parties involved. This latest USPAP also rewrites the competency rule for appraisers.

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  • Burden vs. benefit – Court weighs in on inaccessible ESI

    May / June 2010
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 870

    Abstract: Attorneys increasingly face discovery requests for massive amounts of electronically stored information (ESI). Litigation parties generally aren’t required to produce ESI that isn’t “reasonably accessible,” but courts can nonetheless order production on a showing of good cause by the requesting party. When a defendant in one case complained that meeting the plaintiff’s request for archived e-mails would involve poring over 2,500 tapes at a cost of $1.5 million, the court relied on a Federal Rule of Civil Procedure to determine whether the plaintiff had good cause to order discovery. A sidebar discusses this court’s order regarding the discoverability of attorneys’ litigation hold letters.

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  • Valuation reports are about more than numbers

    March / April 2010
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 711

    Abstract: A lawyer receiving a business valuation report may find it tempting to go straight to the bottom line — the valuator’s estimate of the subject business. But properly written reports contain a number of useful components, such as a definition of the assignment; assumptions and limiting conditions; and valuation methodology. These elements can supply savvy attorneys with information that can be used to support damages and related arguments or to attack an adversary’s proposed valuation.

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  • Proving lost profits – Comparable comparables are critical

    March / April 2010
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 624

    Abstract: Establishing lost profits, particularly for new businesses that haven’t yet compiled any historical financial data, can be extremely challenging. In such cases, courts sometimes rely on data from comparable businesses. But as a recent New Jersey appellate court case illustrates, true comparability between the businesses is critical. A restaurateur who chose to testify on damages himself, drawing on his prior experience in the restaurant business, learned that his two businesses weren’t as comparable as he’d thought.

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  • Insurance fraud: Is your client being scammed?

    March / April 2010
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 650

    Abstract: Although businesses potentially can become victim to a variety of schemes intended to bilk insurance companies and workers’ compensation funds, on-the-job injury and property-casualty fraud are the most common. But there are specific clues that fraud experts use to uncover dishonest behavior. In addition to investigating workers’ comp or property-casualty claims, they can help prevent such fraud from occurring in the first place.

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  • E-mail evidence – How to build a fraud case with keyword searches

    March / April 2010
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 650

    Abstract: Typically, three conditions make occupational fraud possible: motivation, opportunity and rationalization (also known as the “fraud triangle”). By pinpointing the existence of such conditions, experts can better target their investigations. Recently, a team of fraud experts theorized that e-mail communication patterns could reveal a fraud perpetrator’s motivation, opportunity and rationalization. This article discusses the results of their research, while a sidebar explains the “fraud triangle” in detail.

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  • Selecting guideline companies in a volatile market

    January / February 2010
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 592

    Abstract: When valuation professionals appraise a business using the market approach, they rely heavily on data from comparable or “guideline” companies. Selecting appropriate guideline companies is always important in preventing over- or undervaluation, and this selection is based on the type of business being appraised. The market approach can be effective in times of general economic stability, but when the value of companies falls dramatically and the economic future is uncertain, guideline company data can be less reliable.

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  • Personal vs. enterprise goodwill – Another state recognizes the critical difference

    January / February 2010
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 618

    Abstract: The Kentucky Supreme Court recently joined the majority of states that distinguish between personal and enterprise goodwill when valuing a business. Such a distinction can significantly affect divorce settlements when one spouse holds an interest in a closely held business or sole proprietorship — particularly a professional practice. This article looks at how the court came to its conclusion that spouses will receive no share of their partner’s personal goodwill.

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  • What makes a fraud interview effective?

    January / February 2010
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 737

    Abstract: Conducting effective fraud interviews requires knowledge about everything from behavioral psychology to criminal law to accounting and auditing rules. Before they interview a suspect, experts gather documentary evidence, interview other employees, and learn about the potential perpetrator. Armed with that information, the investigator then conducts the interview in a way that minimizes a suspect’s defensiveness. Engaging a forensic expert to perform this critical task could mean the difference between recovery of stolen funds and a successful prosecution, and the perpetrator getting away with thousands — even millions — of dollars.

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  • Court’s FLP ruling is a win-win — and a reminder

    January / February 2010
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 862

    Abstract: The number of cases challenging the legitimacy of family limited partnerships (FLPs) continues to grow. Typically, these can be classified as either a taxpayer or an IRS win, but one recent U.S. Tax Court ruling is at least a partial victory for both sides. The case involves two separate transfers of interest in an FLP — one made three days before the decedent’s death. This article explains why one transfer passed muster with the Tax Court and the other didn’t, while a sidebar discusses whether the fair market value of the decedent’s assets in a QTIP trust were includible in her gross estate.

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  • New data sheds light on Daubert challenges

    November / December 2009
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 537

    Abstract: Recent PricewaterhouseCoopers data shows an increase in the number of Daubert challenges and reveals some of the factors critical to the outcomes in financial expert testimony challenges. Research found that lack of reliability was the leading cause of a financial expert opinion being excluded, but jurisdiction can also play a role.

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  • Lost profits damages – The trouble with start-ups and never-started-at-alls

    November / December 2009
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 750

    Abstract: When calculating lost profits damages for businesses involved in litigation, damages experts can use the company’s historic financial statements to make their projections — if the business has a history. However, calculating damages for early-stage and never-launched businesses requires a different set of analytical tools if experts are to prove to a court’s satisfaction that their damages estimates are reasonably certain. This includes economic and financial data for the subject company, but also market data.

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  • Secrets behind securities fraud

    November / December 2009
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 637

    Abstract: Growing numbers of individuals, entities and institutions have poured into the securities and commodities markets in recent years. Increased participation has, in turn, led to increased opportunities for — and incidents of — fraud. Particular schemes to look out for are Ponzi and pyramid schemes, along with “pump and dump” scams that fraudulently inflate stock prices.

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  • Putting a price on intangibles – Intellectual property requires valuation smarts

    November / December 2009
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 776

    Abstract: Intellectual property such as patents, copyrights and trademarks can present some of the most difficult business valuation challenges. The American Society of Appraisers has recognized this by issuing a standard for valuing such intangible assets. The standard, known as BVS-IX, Intangible Asset Valuation, gives attorneys an idea of what to expect from their valuation experts and provides a baseline for evaluating the work of opposing experts. This article takes a look at factors appraisers consider when valuing intangible, while a sidebar lists some specific valuation factors addressed by the standard.

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