Valuation & Litigation Briefing / Litigation & Valuation Report

Showing 273–288 of 321 results

  • Punitive damages: The financial expert’s role

    November / December 2009
    Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report

    Price: $225.00, Subscriber Price: $157.50

    Word count: 484

    Abstract: Enormous punitive damage awards may be a thing of the past, but they can still make up a significant portion of a plaintiff’s recovery. An appropriate award depends on the defendant’s financial condition. Financial experts can assess this by analyzing financial statements and explaining to the judge or jury how factors other than net worth — such as cash flow and liquidity — can affect a defendant’s ability to pay.

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  • IP valuation using the relief from royalty method

    November / December 2009
    Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report

    Price: $225.00, Subscriber Price: $157.50

    Word count: 748

    Abstract: In today’s business environment, the valuation of intellectual property (IP) is critical — both to comply with accounting rules and for purposes of financial reporting, tax compliance, litigation, or sale or licensing transactions. Several methods can be used to value IP. One of the most effective can be the relief from royalty (RFR) method. This income-based method estimates the portion of a company’s earnings attributable to an IP asset based on the royalty rate the company would have paid for the use of the asset if it didn’t own it.

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  • Following the money trail in divorce cases

    November / December 2009
    Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report

    Price: $225.00, Subscriber Price: $157.50

    Word count: 666

    Abstract: Missing income is a common problem in divorce cases. If one spouse owns a business, the other spouse may allege that the business earns more than its financial records suggest. This requires a forensic expert to look behind the numbers and use forensic accounting techniques to search for unreported income. Forensic experts use two basic approaches. One is to search for hidden cash — experts typically rely on four forensic accounting techniques. The other is to identify concealed sources of income.

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  • Plug the drain – How to detect financial statement fraud

    November / December 2009
    Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report

    Price: $225.00, Subscriber Price: $157.50

    Word count: 937

    Abstract: Sarbanes-Oxley notwithstanding, the Association of Certified Fraud Examiners (ACFE) states that U.S. organizations continue to lose about 7% of their annual revenues to fraudsters. It also has found that financial statement fraud is the costliest form. This article looks at common financial statement schemes, and points out red flags in both the documents and in employee behavior that might indicate fraud. A sidebar points to several financial ratios and indicators that signal potential financial statement fraud.

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  • Avoiding settlement mistakes

    September / October 2009
    Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report

    Price: $225.00, Subscriber Price: $157.50

    Word count: 489

    Abstract: Deciding whether to settle a case requires an evaluation of the likely outcome if it goes to trial. But according to one study, parties make the wrong decision a lot more often than one might think. The study discusses the types of cases and situations where litigants are most prone to making the wrong decision. It also highlights the value of expert analysis, decision-tree analysis and other strategies that can help take the guesswork out of the settle-or-litigate decision.

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  • Fairness opinions can help provide needed assurance

    September / October 2009
    Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report

    Price: $225.00, Subscriber Price: $157.50

    Word count: 714

    Abstract: Many shareholders have challenged transactions that seem to benefit corporate “insiders,” believing that the decision makers aren’t fulfilling their fiduciary duty to act in the best interests of the corporation and its shareholders. But companies can help insulate their directors and officers from personal liability and avoid shareholder litigation by obtaining a fairness opinion — a written opinion from an independent financial expert that a proposed transaction is fair, from a financial perspective, to the corporation’s shareholders or a particular group of shareholders.

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  • Vying for the rights to flat-screen TV technology – No damages for breach of patent license

    September / October 2009
    Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report

    Price: $225.00, Subscriber Price: $157.50

    Word count: 760

    Abstract: Last summer, two companies engaged in a fierce battle over licensing rights to a patented flat-screen TV technology. In Nano-Proprietary Inc. v. Canon Inc., the U.S. Court of Appeals for the Fifth Circuit held that a patent licensor couldn’t terminate a “perpetual” license agreement, despite the licensee’s material breach of the agreement. In addition, the licensor couldn’t recover monetary damages, because it had failed to establish the amount of damages with reasonable certainty. This case shows how a qualified valuation expert can help eliminate speculation.

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  • Don’t play games with goodwill

    September / October 2009
    Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report

    Price: $225.00, Subscriber Price: $157.50

    Word count: 938

    Abstract: The Financial Accounting Standards Board’s (FASB’s) Statement of Financial Accounting Standards (SFAS) No. 142 requires a company to test goodwill for impairment between annual tests if certain “triggering events” — including “a significant adverse change in legal factors or in the business climate” — indicate that its fair value has deteriorated. This article shows that testing for goodwill impairment is a two-step process, and how a valuator can help put together a goodwill allocation strategy designed to minimize the impact of impairment on the client’s financial statements. A sidebar discusses SFAS 157, which provides accounting rules for determining fair value, and a FASB Staff Position offering guidance on applying SFAS 157 when the market is inactive or when available pricing data reflects distressed sales.

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  • Estate wins the discount war

    July / August 2009
    Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report

    Price: $225.00, Subscriber Price: $157.50

    Word count: 623

    Abstract: In Estate of Litchfield v. Commissioner, the Tax Court generally accepted the estate’s proposed valuation discounts because the estate’s expert’s methods were more precise and relied on more recent, company-specific data. The article and an accompanying chart show the differences between the estate’s and the IRS’s discounts and why the court sided mostly with the estate.

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  • In valuation, timing is everything

    July / August 2009
    Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report

    Price: $225.00, Subscriber Price: $157.50

    Word count: 476

    Abstract: The valuation date can have an enormous impact on value, particularly for assets such as stock, whose valuations can fluctuate dramatically, literally overnight. Learn how the valuation date is especially important in estate planning, divorce settlements, and shareholder litigation.

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  • Nonqualified deferred compensation – Independent appraisals offer protection against 409A challenge

    July / August 2009
    Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report

    Price: $225.00, Subscriber Price: $157.50

    Word count: 1174

    Abstract: Businesses that provide employees with stock options, stock appreciation rights (SARs) and other types of nonqualified deferred compensation have been subject to Internal Revenue Code Section 409A for years. As you can imagine, compliance is particularly challenging in the current economic environment. To avoid Sec. 409A problems, options and SARs must be issued at or above fair market value, so accurate valuations are critical. It’s important to know what Sec. 409A requires and how to establish fair market value. Three “presumptive” valuation methods are discussed.

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  • Damage control – Surviving a business interruption

    July / August 2009
    Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report

    Price: $225.00, Subscriber Price: $157.50

    Word count: 1175

    Abstract: Whether it’s minor, such as a lightning strike that shuts down production for a day, or major, such as a lengthy labor strike, a business interruption not only reduces income, but also simultaneously creates new expenses. The key to surviving a business interruption is to restore normal operations as quickly as possible. Insurance plays a critical role. This article explains business interruption insurance, how to file a claim, what to do to mitigate loss, and how to establish a loss period. A sidebar addresses scope-of-coverage issues.

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  • Valuation critical under new M&A rules

    May / June 2009
    Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report

    Price: $225.00, Subscriber Price: $157.50

    Word count: 627

    Abstract: Sweeping changes to the accounting rules for mergers and acquisitions (M&A) will start affecting many companies that are closing deals this year. FASB SFAS No. 141(R), Business Combinations, was issued in late 2007, but it applies to deals closing on or after the first day of the first annual reporting period beginning after Dec. 15, 2008. This article explains how many of the changes prescribed in this 358-page document increase the importance of having accurate valuations.

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  • Estate planning – Are valuation discounts in danger?

    May / June 2009
    Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report

    Price: $225.00, Subscriber Price: $157.50

    Word count: 399

    Abstract: Concerned about potential abuses of valuation discounts, the Congressional Joint Committee on Taxation (JCT) has proposed certain reforms that would limit the ability of families to take advantage of these discounts for transfer tax purposes under certain circumstances. This article explains one bill in Congress that would incorporate some of the JCT’s recommendations.

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  • It’s not that easy: Determining how costs affect lost profits

    May / June 2009
    Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report

    Price: $225.00, Subscriber Price: $157.50

    Word count: 911

    Abstract: Lost profits are a common measure of damages in commercial litigation, and in many cases they’re the only form of recovery that can truly make a plaintiff whole. Establishing the amount of lost profits requires the parties to estimate what the plaintiff would have earned but for the defendant’s alleged misconduct. This article takes a look at a hypothetical example of how lost profits can be determined.

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  • Forensic experts aid e-discovery

    May / June 2009
    Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report

    Price: $225.00, Subscriber Price: $157.50

    Word count: 455

    Abstract: In many cases, the most effective method of identifying relevant documents is to conduct keyword searches of a party’s electronically stored information (ESI). This article shows why a forensic expert who understands search techniques and is familiar with the types of documents being sought can be invaluable in this effort.

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