Advocate's Edge / Litigation Support
Showing 337–352 of 384 results
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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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User-created data: Handle with care
September / October 2009
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 457
Abstract: Production of electronically stored information (ESI) has become a routine part of discovery. But the primary target of an ESI request often is user-created data — a type of information that’s constantly evolving and can prove elusive. A qualified expert can help extract all the user-created data needed.
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Broke… or dishonest? Uncovering alter ego companies
September / October 2009
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 672
Abstract: Most companies filing for bankruptcy accurately represent their assets. But a small percentage of filers that claim to have little or nothing to offer creditors aren’t being honest. Instead, they’ve diverted resources to an alter ego company or are hiding their connection to a much healthier corporate parent. Uncovering and proving this type of fraud can be difficult, but there are a variety of red flags that enable forensic accounting experts to expose such schemes. Conversely, forensic experts can help defendants prove that any alter ego accusations are unfounded.
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Pellom v. Pellom – When little things mean a lot
September / October 2009
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 745
Abstract: When one couple decided to divorce, the husband wasn’t happy when the court accepted his wife’s expert’s valuation of his share in an anesthesiology practice at $1.2 million. His own expert had arrived at a figure of $183,000. On appeal, the husband raised several technical objections, which were ultimately rejected. It appears the primary reason for the discrepancy between the two experts’ valuations was the husband’s expert’s failure to account for the practice’s goodwill.
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By the book – How fraud investigations are conducted
September / October 2009
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 866
Abstract: When a company suffers fraud, it needs the assistance of a fraud expert to find the perpetrator and collect evidence. A recent guide, published jointly by several industry associations, outlines the approach a qualified expert will take to execute a fraud investigation. After determining the appropriate process for the matter at hand, the expert will move the investigation through three stages: interviews, evidence collection, and evidence analysis. This article also describes corrective steps that can be taken before or after an investigation is complete, while a sidebar discusses factors that may influence a specific investigation’s plan.