Advocate's Edge / Litigation Support

Showing 49–64 of 324 results

  • ACP Master, Ltd. v. Sprint Corp. – Herculean projections can defeat a valuation

    May / June 2019
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 437

    Abstract: It’s common for courts to reject testimony from business valuation experts who rely on unrealistic assumptions or data. This article summarizes a recent Delaware Chancery Court decision, affirmed by the state’s Supreme Court, to disregard an opinion based on “implausible” projections. ACP Master, Ltd. v. Sprint Corp., No.8508-VCL, Del. Ch., July 21, 2017, aff’d 184 A.3d 1291, Del. Supr., April 23, 2018

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  • 3 steps to investigate fraud

    May / June 2019
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 576

    Abstract: When a company suffers fraud, it needs the assistance of a forensic expert to build a case that will stand up in court. This article explains three key steps performed in a fraud investigation: conducting interviews, collecting evidence and analyzing the facts.

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  • Critical tax issues for business owners in divorce

    May / June 2019
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 643

    Abstract: The Tax Cuts and Jobs Act (TCJA) made sweeping changes to the tax law that must be considered when business owners file for divorce. This article explains how attorneys and clients may need to modify their mindset during settlement talks.

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  • Qualifications matter – Don’t cut corners on business valuation experts

    May / June 2019
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 882

    Abstract: When selecting a business valuation expert, you may find that the least expensive candidate isn’t necessarily the most qualified one. This article summarizes a recent California Court of Appeals case. Although the trial court found a breach of fiduciary duty, the appellate court affirmed the decision to deny damages because the plaintiff had failed to provide credible evidence regarding the value of his business interest. A sidebar explains the challenges of valuing start-up companies, like the one in this case. Zaffarkhan v. Domesek, No. G054604, Cal. App., May 18, 2018

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  • R. Kashmiry & Assocs., Inc. v. Ellis – Valuations can preempt shareholder agreement litigation

    March / April 2019
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 442

    Abstract: When entrepreneurs team up to form a new (or combined) business, they often have the forethought to include business valuation provisions in their partnership or shareholder agreements. These provisions help facilitate clear and easy resolution in case an owner leaves the business. This article summarizes a recent case that demonstrates how simply drafting a business valuation provision may not suffice — hiring an outside expert to value the business on a routine basis can provide an added level of protection against protracted litigation. R. Kashmiry & Assocs., Inc. v. Ellis, 16 MA 0126, Ohio App., Jan. 26, 2018

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  • Applying the Daubert standard in federal cases

    March / April 2019
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 576

    Abstract: More than 25 years after the U.S. Supreme Court affirmed judges’ roles to act as gatekeepers against “junk science,” hundreds of experts are still being challenged under Daubert each year. This article provides examples of how federal courts evaluate the expert’s qualifications, as well as his or her methodology based on four factors: testing, peer review, error rate and acceptability. Daubert v. Merrell Dow Pharmaceuticals Inc., 113 S.Ct. 2786, June 28, 1993 Rover Pipeline LLC v. 10.55 Acres of Land, 2018 U.S. Dist., Case No. 5:17-CV-239, 2018 WL 4386024, Sept. 14, 2018

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  • How journal entries may signal fraud

    March / April 2019
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 629

    Abstract: With a median loss of $800,000, financial statement frauds are the costliest type of white collar crime, according to the 2018 Report to the Nations by the Association of Certified Fraud Examiners (ACFE). This article describes how auditors and forensic accountants can test journal entries to detect financial misstatement, including the benefits of computer-assisted audit techniques.

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  • Limited partner or assignee interest: Tax Court sides with IRS

    March / April 2019
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 898

    Abstract: Wealthy taxpayers sometimes incorporate family limited partnerships (FLPs) in their estate plans to help minimize federal estate and gift taxes. Historically, the IRS has been aggressive in challenging such arrangements. This article summarizes a recent case in which the U.S. Tax Court sided with the IRS, offering a valuable reminder that, when it comes to the federal tax effect of intrafamily transfers of interests, labels aren’t determinative. Rather, the court will consider the substance of the transaction. A sidebar explains how the court handled valuation discounts. Estate of Streightoff v. Commissioner, T.C. Memo. 2018-178, Oct. 24, 2018

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  • Screening for signs of fraud – Beneish model helps detect earnings manipulation

    January / February 2019
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 439

    Abstract: Financial statement fraud can be costly. So, early detection is important to mitigate losses. This article describes a screening tool known as the Beneish model that can help clients quickly assess the likelihood of earnings manipulation. It uses eight financial metrics to determine the probability that revenue has been overstated and expenses have been understated.

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  • Tax Cuts and Jobs Act – Factoring tax reform into the valuation equation

    January / February 2019
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 607

    Abstract: The Tax Cuts and Jobs Act (TCJA) — enacted in late 2017 — will fundamentally alter the tax rules for businesses. This article explains some of the favorable and unfavorable provisions that valuation professionals must evaluate when they estimate the value of business interests.

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  • Does your case call for a calculation or full-blown valuation?

    January / February 2019
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 659

    Abstract: The distinction between value calculations and value conclusions has received significant attention in the business valuation community over the last year. Calculations can be a less expensive alternative, but they’re not right for every case. This article compares these two levels of service provided by valuation experts, explains when each service level may be appropriate and highlights a recent case in which a calculation of value was admitted into evidence. Robert Joseph Rohling v. Lylie Alexandra Rohling, Court of Civil Appeals of Alabama, No. 2160859 and 2160860, June 1, 2018

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  • Settlement proceeds: To tax or not to tax?

    January / February 2019
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 871

    Abstract: When negotiating a settlement in employment law cases, employees sometimes overlook how the language of the settlement agreement can have significant tax consequences, depending on what’s included in the description of the claims being settled. This article summarizes a recent U.S. Tax Court ruling in favor of the IRS, which found that the taxpayer’s discrimination and work environment settlement proceeds were indeed taxable. A sidebar summarizes the tax treatment for various types of damages awards. Zinger v. Commissioner, T.C. No. 2018-33, July 2, 2018

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  • For richer, for poorer – Factoring valuation into premarital agreements

    November / December 2018
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 445

    Abstract: Roughly half of U.S. marriages end in divorce. So, many people enter into premarital agreements before they tie the knot. This article describes why it can be risky for couples to cut corners on hiring a valuation expert to help draft the agreement, especially if one of the parties owns a business.

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  • Valuation matters when a company is liquidating

    November / December 2018
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 628

    Abstract: Even in a bull market, some businesses struggle to make ends meet. This article highlights how outside financial experts can help struggling owners make informed decisions about their company’s future and maximize liquidation proceeds. It also explains how experts can help potential buyers of financially distressed businesses determine the appropriate asking price and conduct acquisition due diligence.

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  • Data analytics roundup

    November / December 2018
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 565

    Abstract: When it comes to fraud detection, the amount of available data in the company’s paper and electronic records can seem staggering. This article explains how modern forensic accounting experts use analytical tools — such as association, outlier and cluster analyses — to unearth fraud in today’s data-driven world.

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  • What’s the fairest method of apportionment? Court rules on damages from breached lawnmower improvement

    November / December 2018
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 879

    Abstract: When patents covering multicomponent inventions are infringed, a key question is: How should damages be “apportioned” to adequately compensate the patentee for only losses due to infringement of a product improvement? This article summarizes a recent case where the U.S. Court of Appeals for the Federal Circuit specifically addressed whether apportionment should be based on the royalty base or the royalty rate. A sidebar explains how the Federal Rules of Evidence (FRE) have recently been updated to streamline the admissibility of digital evidence. Exmark Manufacturing Company Inc. v. Briggs & Stratton Power Products Group, LLC, No. 2016-2197, 879 F.3d 1332, January 12, 2018

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