Valuation & Litigation Briefing / Litigation & Valuation Report
Showing 305–320 of 385 results
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Is the price right? Ask an expert
March / April 2011
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 353
Abstract: As the economy continues to recover, merger and acquisition (M&A) activity is picking up steam. In the current environment, however, making or evaluating an offer can be challenging. This article shows how obtaining a fairness opinion from an objective, independent valuation expert can help M&A participants and their management defend themselves against shareholder claims.
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Just awards – Construct a framework when assessing damages
March / April 2011
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 723
Abstract: Almost daily, jurors award huge damages to plaintiffs. But are these jurors making informed decisions? One of the most important contributions a financial expert can make in damages litigation is to construct a framework the jury can use when assessing the damages. This article discusses how a CPA expert can help explain the nuances of a business’s profits, assets, net worth and internal structure.
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Active vs. passive appreciation – A deceptively complex issue in divorce cases
March / April 2011
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 838
Abstract: In divorce cases, it’s common for an interest in a closely held business or professional practice to be the marital estate’s most valuable asset. In many states, when the owner-spouse brings this asset to the marriage, a valuator may be called upon to distinguish between active appreciation in the business’s value (which is subject to division) and passive appreciation (which isn’t). This article explains how, after determining passive vs. active appreciation, the valuator might then decide how much an owner-spouse is responsible for the latter.
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Quantifying the value of customer relationships
March / April 2011
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 922
Abstract: Customer relationships often are a key component of a business’s value. In recent years, however, the methods used to value these relationships have become more sophisticated. And the method a valuator uses can have a significant impact on the determined value of the customer relationships. This article looks at the nuances, such as the circumstances in which customer relationships can be valued separately from goodwill; methods used to measure the future economic benefits of a customer relationship; and forecasting attrition through constant rate attrition (CRA) analysis.
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The role of forensic skepticism in lost profits calculations
January / February 2011
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 352
Abstract: When financial experts analyze claims for lost profits or other business damages, it’s important that they look behind the numbers for signs that they might have been manipulated or falsified. This article uses a fictitious example to show how this “forensic skepticism” is part of what makes forensic accounting and damages analysis an art as well as a science.
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Buy-sell agreements – 4 valuation-related pitfalls to avoid
January / February 2011
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 622
Abstract: Businesses with multiple owners need to draft buy-sell agreements to protect the owners’ interests in case of a partner/shareholder’s death or retirement. But, all too often, owners make critical valuation-related mistakes when setting up such agreements. This article lists four valuation-related pitfalls to be aware of.
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Tax Court: Subsequent sale was best evidence of fair market value
January / February 2011
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 1091
Abstract: This article discusses a case in which the U.S. Tax Court discussed the impact of post–valuation-date sales on fair market value as well as the importance of choosing an experienced, qualified valuation expert. The court found that the sale of a partnership interest, which was agreed to six months after the valuation date and completed nearly four months later, was “probative” of value, but not “conclusive.” The case illustrates the significance of considering subsequent sales in valuing a business interest. Citations: Ringgold Telephone Company v. Commissioner (T.C. Memo 2010-103)
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What is the “value” of litigation?
January / February 2011
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 760
Abstract: Placing a value on litigation — that is, determining the probable outcome and its potential financial impact on a party — can not only assist in weighing the relative costs and benefits of various litigation strategies, but it’s also relevant for business valuation and financial reporting purposes. And it’s particularly significant in light of the Financial Accounting Standards Board’s proposed changes in the way loss contingencies are accounted for and disclosed in a company’s financial statements. This article discusses these changes and how they raise significant concerns for parties and their counsel.
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Reasonable royalty calculations demand sound expert analysis
November / December 2010
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 845
Abstract: Federal courts are cracking down on what they see as sloppy practices in calculating reasonable royalty damages in patent infringement cases. This article looks at one case in which an appeals court threw out an award of more than $500,000 and remanded the case for redetermination of damages. It explains the factors that led the court to determine that the award “relied on speculative and unreliable evidence divorced from proof of economic harm linked to the claimed invention.”
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Looking ahead and behind to determine lost earnings
November / December 2010
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 751
Abstract: When an employee is let go against his or her will, he or she may turn to litigation, seeking damages for lost earnings. Such damages also may be sought by a plaintiff who has suffered an injury that affects his or her ability to work. When placing a value on lost earnings, the valuator looks not only behind, at the plaintiff’s past earnings, but also ahead, estimating the plaintiff’s future earnings. This article explains the techniques involved.
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Valuation interviews help tell the whole story
November / December 2010
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 352
Abstract: Interviewing a company’s management team is a critical component of the valuation process. But a client’s CEO or other top executive may resist these interviews because of time constraints, confidentiality concerns, or fear of alerting employees to a major event, such as a sale or bankruptcy. Nevertheless, such interviews are important — this article explains why.
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Emerging from bankruptcy – Valuation is critical to a successful fresh start
November / December 2010
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 857
Abstract: Once a company emerges from bankruptcy, obtaining an accurate estimate of its reorganization value as well as the fair value of its assets will help ensure its survival. But, although traditional valuation principles and approaches apply, reorganization value is driven by negotiations between the debtor and its creditors, whose primary concern is how much they’ll be paid. As this article explains, valuators in a bankruptcy context must consider several complex, interrelated accounting standards.
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What’s the life expectancy of a business?
September / October 2010
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 433
Abstract: While financial experts use mortality tables and life expectancies to estimate a person’s future income, standardized “mortality tables” for businesses don’t exist. This article looks at one finance professor’s contention that applying life expectancy concepts to businesses would result in more accurate valuations.
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New expert discovery rules should reduce litigation costs
September / October 2010
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 664
Abstract: This article discusses proposed amendments to the Federal Rules of Civil Procedure that will likely have a big impact on the attorney-expert relationship. One of the most significant changes is amended Rule 26, which will extend attorney work-product protection to draft reports by testifying experts and, with certain exceptions, to communications between experts and retaining counsel. It’s hoped that this will avoid needless discovery costs.
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Quantifying economic losses when mitigating circumstances come into play
September / October 2010
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 729
Abstract: It’s easy to focus on quantifying a plaintiff’s economic losses during a trial and overlook the duty to mitigate damages. But the plaintiff does bear some responsibility for taking reasonable steps to avoid or minimize damages. This article looks at a case in which a printing company’s failure to mitigate damages by pursuing an inexpensive option resulted in its claim being denied. For a damages expert, estimating the impact of various mitigation alternatives requires considerable professional judgment.
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How the recession has impacted business valuation
September / October 2010
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 1006
Abstract: Should businesses that were valued on the eve of the economic downturn be revalued in light of subsequent events? This article looks at a Florida marital dissolution case in which a restaurant valued in December 2007 lost value during the recession that followed. This case confirms that, when valuing a business, appraisers generally shouldn’t consider events that take place after the valuation date. A sidebar examines Financial Accounting Standards Board standards regarding the treatment of subsequent events for accounting purposes.