Valuation & Litigation Briefing / Litigation & Valuation Report

Showing 289–304 of 313 results

  • Before and after – Court paints picture of lost profits and other calculations

    January / February 2009
    Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report

    Price: $225.00, Subscriber Price: $157.50

    Word count: 1150

    Abstract: In Floorgraphics Inc. v. News America Marketing In-Store Services Inc., the U.S. District Court for the District of New Jersey provided valuable insight into the “before-and-after” method, guideline company use, and marketability discount availability. This article discusses the ins and outs of the case, noting the importance of demonstrating in court that financial experts’ methods are reliable in order to better defend them against attacks on their reliability in the form of Daubert challenges. Case citation: Floorgraphics Inc. v. News America Marketing In-Store Services Inc., No. 04-3500 (D.N.J. 02/04/2008).

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  • Unemployment compensation – Calculating damages for lost earnings

    November / December 2008
    Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report

    Price: $225.00, Subscriber Price: $157.50

    Word count: 858

    Abstract: At first glance, calculating lost earnings damages may appear simple, but in many cases it’s deceptively complex. This article discusses how a valuation expert estimates these damages and notes the many factors he or she considers in establishing or opposing lost earnings damages. The article points out that experience and expertise are key to ensuring all the bases are covered.

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  • FLP and FLLC updates – Taxpayers enjoy some important victories

    November / December 2008
    Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report

    Price: $225.00, Subscriber Price: $157.50

    Word count: 882

    Abstract: Family limited partnerships (FLPs) and family limited liability companies (FLLCs) have long been popular business and estate planning vehicles for transferring minority interests. The IRS has frequently challenged these vehicles. But two recent cases have shown that properly structured FLPs and FLLCs can withstand IRS scrutiny. This article summarizes these two cases, Estate of Mirowski and Astleford v. Commissioner, which provide valuable guidance on the type of facts that can support a taxpayer’s position.

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  • Valuing IP assets: A team approach

    November / December 2008
    Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report

    Price: $225.00, Subscriber Price: $157.50

    Word count: 373

    Abstract: IP rights — especially patents and copyrights — encourage innovation and creative pursuits by giving owners exclusive rights to exploit the economic benefits of their work for a specific period of time. This brief article explains how valuators estimate an asset’s remaining useful life by studying the historical life cycles of comparable IP assets.

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  • It ain’t over ’til it’s over – Postclosing disputes in M&A transactions

    November / December 2008
    Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report

    Price: $225.00, Subscriber Price: $157.50

    Word count: 1200

    Abstract: Mergers and acquisitions (M&As) are complicated transactions, and getting from letter of intent to closing takes time — sometimes several months or longer. During that time, things can — and usually do — change, leading to potential disputes concerning the purchase price or the target company’s financial position. This article explains the types of disputes that can arise and the covenants used to address potential conflicts. The article shows how bringing financial experts in early can help avert disputes or resolve matters to help the deal go through without a hitch. (Updated 8/29/12)

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  • How the latest USPAP revisions affect business appraisals

    September / October 2008
    Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report

    Price: $225.00, Subscriber Price: $157.50

    Word count: 538

    Abstract: One of the first sets of comprehensive business valuation standards was the Uniform Standards of Professional Appraisal Practice (USPAP), published in the late 1980s by the Washington, D.C.-based Appraisal Foundation. Today, USPAP is widely considered to comprise the generally accepted standards for professional appraisal practice in the United States, particularly in the federal courts. This brief article notes some recent changes to the standards, including clarification of the question of appraiser advocacy and guidance on record-keeping, signature and certification requirements in assignments involving multiple appraisers.

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  • What’s the “real” value of a business?

    September / October 2008
    Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report

    Price: $225.00, Subscriber Price: $157.50

    Word count: 910

    Abstract: The impact of real estate value on business value depends on several factors, including the type of business, the nature of the real estate, the purpose of the valuation and the valuation methods used. If real estate is a significant asset for a business being valued, valuing it separately often results in a more accurate enterprise value. This article explains that, although real estate appraisers and business valuators use similar methods, there are important distinctions between the two.

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  • Mitigating circumstances – Reasonable damages and the plaintiff’s duty

    September / October 2008
    Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report

    Price: $225.00, Subscriber Price: $157.50

    Word count: 816

    Abstract: Attorneys and their financial experts often focus on quantifying a plaintiff’s economic losses. But it’s equally important to examine measures the plaintiff took, or reasonably could have taken, to mitigate its damages. A plaintiff isn’t entitled to recover damages for a loss that he or she reasonably could have avoided. When an expert evaluates the plaintiff’s opportunities to mitigate damages, the key term is “reasonable.” This article refers to a recent case, Silver Sage Partners, Ltd. v. City of Desert Hot Springs, to explain some issues that arise in determining the reasonableness of a plaintiff’s efforts to mitigate damages. Case citation: Silver Sage Partners, Ltd. v. City of Desert Hot Springs, 251 F.3d 814 (9th Cir. 2001).

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  • Security measures – Calculating damages in securities fraud cases

    September / October 2008
    Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report

    Price: $225.00, Subscriber Price: $157.50

    Word count: 938

    Abstract: When it comes to calculating damages, few types of litigation are more challenging than securities fraud. On any given day, a security’s price may be influenced by many factors, from the economy as a whole to industry trends to company-specific events. A damages expert must consider the legitimate market factors and isolate the impact of fraud or other wrongdoing. This article discusses the laws that govern securities fraud matters and looks at the expert’s role in determining the value of a security but for the misstatement or omission of a material fact, providing a brief example to illustrate the process. (Updated 8/29/12)

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  • Cruise line faces rough seas in court

    July / August 2008
    Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report

    Price: $225.00, Subscriber Price: $157.50

    Word count: 542

    Abstract: This brief article looks at a series of court decisions involving Celebrity Cruises Inc. that provide insight into the “yardstick method” of computing lost profits. The case also illustrates the importance of presenting direct evidence to support a damages claim.

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  • Show me the money! – Net worth analysis can reveal hidden assets

    July / August 2008
    Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report

    Price: $225.00, Subscriber Price: $157.50

    Word count: 522

    Abstract: Uncovering hidden assets can be important in a variety of litigation contexts, including fraud investigations, shareholder disputes, divorce and business valuations. One of the most effective techniques for demonstrating the existence of such assets is net worth analysis. This article looks at how net worth analysis works and explains the three primary methods experts typically use to detect hidden assets, including the asset method, the expenditures method and the bank deposits method. (Updated 8/29/12)

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  • Music promoter wins “record” damage award

    July / August 2008
    Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report

    Price: $225.00, Subscriber Price: $157.50

    Word count: 1054

    Abstract: This article discusses a recent case, Popovich v. Sony Music Entertainment, which illustrates the benefits and pitfalls of using a hypothetical market standard to determine damages. As the case demonstrates, a party that loses an asset through the fault of another shouldn’t be deprived of damages simply because no ready market for that asset exists. The article notes that attorneys should work with their financial experts to develop alternative theories, including a hypothetical market standard, for quantifying a party’s financial loss.

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  • Valuing manufacturing companies – How experts appraise these asset-intensive businesses

    July / August 2008
    Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report

    Price: $225.00, Subscriber Price: $157.50

    Word count: 995

    Abstract: When valuing manufacturers, appraisers consider these companies’ specific characteristics to reach a reliable estimate of value. Most valuators use one or some combination of the income, market or cost approaches. But regardless of which method or methods they use, valuators need to take into account the hard — and intangible — assets, the efficiency and skill of the workforce, and industry trends and risks. (Updated 5/21/12)

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  • How do taxes “affect” S corporation valuations?

    May / June 2008
    Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report

    Price: $225.00, Subscriber Price: $157.50

    Word count: 449

    Abstract: For many years, “tax-affecting” the earnings of S corporations and other pass-through entities was a widely accepted valuation practice. But that changed in 1999, when the Tax Court ruled in Gross v. Commissioner that tax-affecting was inappropriate when valuing a minority interest in an S corporation. However, this brief article discusses recent cases which show that, though courts won’t accept full tax-affecting to reflect remote risks, tax-affecting can still be appropriate in the right circumstances.

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  • Something to prove – Courts increase burden on experts

    May / June 2008
    Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report

    Price: $225.00, Subscriber Price: $157.50

    Word count: 787

    Abstract: This article summarizes three recent cases that highlight the critical role that burden of proof can play in cases involving expert financial testimony. The cases illustrate how important it is for litigants to engage qualified experts and to avoid taking shortcuts when performing damages or valuation analysis. A qualified expert can meet burden-of-proof standards by performing a thorough analysis that will stand up in court. Citations: J.P. Morgan Chase & Co. v. Commissioner, 458 F.3d. 564 (7th Cir. 2006). Morgan Stanley v. Coleman, 955 So. 2d. 1124 (Fla. App. 2007). Estate of Thompson, 499 F.3d. 129 (2d Cir. 2007).

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  • Fraud’s a factor in solvency analysis

    May / June 2008
    Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report

    Price: $225.00, Subscriber Price: $157.50

    Word count: 899

    Abstract: In bankruptcy cases, a lot hinges on whether the debtor was insolvent when certain transactions took place. For example, some payments and transfers the debtor made within a specified time before filing for bankruptcy may be recovered as fraudulent transfers if the debtor was insolvent at the time of the transaction. This article discusses a recent case that addresses issues regarding fraud’s impact on insolvency. Citation: Edgewater Medical Center v. Edgewater Property Company, 373 B.R. 845 (Bankr. N.D. Ill. 2007).

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