Expert / Valuation & Litigation Concepts
Showing 129–144 of 145 results
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Methodology matters – When an expert isn’t expert enough
Fall 2008
Newsletter: Expert / Valuation & Litigation Concepts
Price: $225.00, Subscriber Price: $157.50
Word count: 464
Abstract: A Rhode Island court’s decision to exclude expert testimony in a patent infringement case should remind attorneys that their experts’ qualifications aren’t the only potential issue. This article summarizes the decision in Bowling v. Hasbro and talks about why experts must use accepted and appropriate methodologies or risk having their testimony excluded.
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Court excludes assets from gross estate in family LLC case
Fall 2008
Newsletter: Expert / Valuation & Litigation Concepts
Price: $225.00, Subscriber Price: $157.50
Word count: 860
Abstract: After dealing taxpayers a series of losses in cases involving family limited partnerships (FLPs) and limited liability companies (LLCs), the Tax Court has allowed the assets in a family LLC to be excluded from the decedent’s gross estate. This article discusses how the opinion in Estate of Mirowski v. Commissioner can provide valuable guidance on how taxpayers can use these valuable tools.
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Information mining – How experts dig through data to find fraud
Fall 2008
Newsletter: Expert / Valuation & Litigation Concepts
Price: $225.00, Subscriber Price: $157.50
Word count: 770
Abstract: From insurance scams to financial statement manipulation to fudged expense reimbursement reports, fraud victimizes businesses of every size and in every industry. Even when owners suspect fraud, however, they may not know how to gather the evidence to confirm it. Forensic accounting experts can help with data mining. This article explains how experts analyze a company’s own records looking for activity that diverges from behaviors typically associated with nonfraudulent transactions. (Updated 8/28/12)
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Allocating value to different types of stock
Summer 2008
Newsletter: Expert / Valuation & Litigation Concepts
Price: $225.00, Subscriber Price: $157.50
Word count: 587
Abstract: A privately held company’s capital structure must be taken into account when calculating its value and the value of its stock. But this can be complicated because, increasingly, companies are financed with hybrid mixes of capital, including common stock and several classes of preferred stock. This article discusses the role of rights in valuing stock, and the three general methods of allocating value to different classes. (Updated 8/22/12)
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How normalized earnings paint a true-to-life financial picture
Summer 2008
Newsletter: Expert / Valuation & Litigation Concepts
Price: $225.00, Subscriber Price: $157.50
Word count: 601
Abstract: To reach an accurate business value, a company needs to work with a professional valuator to determine its normalized earnings. This article explains why normalized earnings provide a more complete view of a company’s financial position and facilitate easier comparison with other companies. Among the types of adjustments discussed are revenue, depreciation, compensation, related-party transactions and inventory.
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Catching employee corruption before it corrupts a company’s finances
Summer 2008
Newsletter: Expert / Valuation & Litigation Concepts
Price: $225.00, Subscriber Price: $157.50
Word count: 713
Abstract: In the 2012 Report to the Nations on Occupational Fraud and Abuse, the Association of Certified Fraud Examiners (ACFE) estimates that occupational fraud costs the typical organization 5% of its revenue every year. But, if owners know the signs of corruption, they can nip these schemes in the bud and minimize financial losses. This article provides tips on how to spot such schemes as bribery and extortion and talks about employee lifestyle changes that should raise a red flag. (Updated 8/21/12)
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New search-and-retrieval tools make it easier to target electronic data
Summer 2008
Newsletter: Expert / Valuation & Litigation Concepts
Price: $225.00, Subscriber Price: $157.50
Word count: 989
Abstract: As companies generate and store growing stockpiles of data, the search for relevant electronically stored information (ESI) during discovery becomes more and more daunting. Fortunately, the range of search-and-retrieval technologies has also expanded. This article discusses emerging discovery tools, including keyword searches and Boolean operators, statistical techniques, and concept tools. It suggests that no single search-and-retrieval technology is superior for every scenario.
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Jelke reverses Tax Court on discount for built-in gains tax
Spring 2008
Newsletter: Expert / Valuation & Litigation Concepts
Price: $225.00, Subscriber Price: $157.50
Word count: 470
Abstract: The recent appellate court decision in Estate of Jelke v. Commissioner (11th Cir. 2007) could dramatically affect estate tax liability. This article summarizes the case’s history and court’s ruling, and explains why it’s a boon to estate taxpayers and could be relevant to the valuation of C corporations in divorce matters.
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Calculating construction defect damages
Spring 2008
Newsletter: Expert / Valuation & Litigation Concepts
Price: $225.00, Subscriber Price: $157.50
Word count: 357
Abstract: Even construction jobs that finish on time and within budget can produce claims down the road if defects later arise. As this short article discusses, the remedy in a construction defect case usually comes down to the most feasible and reasonable repair that puts the owner in as close to the same position as if the contractor had performed properly. (Updated 8/22/12)
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How income reconstruction builds a case against fraudsters
Spring 2008
Newsletter: Expert / Valuation & Litigation Concepts
Price: $225.00, Subscriber Price: $157.50
Word count: 626
Abstract: Sometimes a company discovers the misappropriation of assets and has a guess as to who may be behind it but no direct evidence to back up its suspicions. A financial expert can help by using income reconstruction to show that an employee’s estimated actual income is higher than his or her known income. This article covers some of the common methods of income reconstruction and what circumstances may indicate that it should be used. (Updated 11/30/12)
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Accounting for mergers – New standard could influence purchase prices
Spring 2008
Newsletter: Expert / Valuation & Litigation Concepts
Price: $225.00, Subscriber Price: $157.50
Word count: 822
Abstract: This article talks about how the newly revised Financial Accounting Standards Board Statement No. 141R, Business Combinations, expands the scope of covered business combinations and revises how transaction costs will be recorded. The revised standard could affect merger negotiations, particularly over a company’s purchase price, and prompt earlier valuations of assets.
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Information underload – Financial experts can make, or break, the case for punitive damages
Spring 2008
Newsletter: Expert / Valuation & Litigation Concepts
Price: $225.00, Subscriber Price: $157.50
Word count: 709
Abstract: Attorneys often are reluctant to put their financial experts on the witness stand. But failing to use a CPA to provide jurors with the information and context they need to make a fair punitive damages award can backfire. As this article explains, CPAs can strengthen cases for or against punitive damages. Among other things, these experts can explain to a jury the defendant’s financial position, analyze any gains the defendant enjoyed because of the allegedly wrongful conduct, and break down and clarify financial statements.
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All’s not lost – Uncovering lingering electronic evidence
Winter 2008
Newsletter: Expert / Valuation & Litigation Concepts
Price: $225.00, Subscriber Price: $157.50
Word count: 481
Abstract: Even when electronic evidence appears to have been deleted, forensic experts can help clients look for valuable nuggets of information. Experts may be able to break passwords, resurrect documents and find evidence in computer caches, recycle bins and meta data. (Updated 7/25/12)
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Finding fraud in financial statements
Winter 2008
Newsletter: Expert / Valuation & Litigation Concepts
Price: $225.00, Subscriber Price: $157.50
Word count: 322
Abstract: Although Generally Accepted Accounting Principles (GAAP) mandate specific disclosures and reporting procedures, companies bent on fraud still find ways to falsify their financial statements. This article discusses several types of intentional omissions and common ways GAAP is misapplied. (Updated 11/30/12)
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A matter of preference: Valuing preferred stock
Winter 2008
Newsletter: Expert / Valuation & Litigation Concepts
Price: $225.00, Subscriber Price: $157.50
Word count: 518
Abstract: This article talks about the three important factors that determine the value of preferred stock, according to IRS Revenue Ruling 83-120: yield, dividend coverage and protection of liquidation preference. It also discusses additional factors affecting value, including whether shares come with voting rights. (Updated 10/29/12)
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Ethics standard for CPAs could hamper expert testimony
Winter 2008
Newsletter: Expert / Valuation & Litigation Concepts
Price: $225.00, Subscriber Price: $157.50
Word count: 631
Abstract: This article warns that an ethics standard designed to maintain CPA independence could affect litigators, too. The American Institute of Certified Public Accountants’ (AICPA’s) Professional Ethics Executive Committee’s 2007 revision to Interpretation No. 101-3 could be used by savvy attorneys to block CPAs from testifying as opposing experts or providing forensic services under certain circumstances. The AICPA standard refers to forensic accounting services for attest clients as potentially impairing CPA independence.