Valuation/Lit. sup./Fraud/M&A
Showing 1–16 of 1389 results
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Warning: Ambiguous support provisions can prolong divorce cases
May / June 2021
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 429
Abstract: Ideally, a separation agreement brings divorce litigation to a definitive resolution. But poorly drafted agreements can lead to multiple rounds of litigation. This article summarizes a recent Connecticut divorce case in which conflicting definitions of “pretax income from employment” in a couple’s settlement agreement led to 13 years of court battles. Marshall v. Marshall, No. 41216 (Conn. App., Oct. 6, 2020).
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Estimating impairment in the COVID-19 era
May / June 2021
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 605
Abstract: The pandemic may have triggered an impairment test for some companies — even private ones that have opted to amortize goodwill under GAAP. Impairment charges reduce the value of acquired goodwill and lower profits for accounting purposes, which could signal a red flag to investors and lenders. This article explains what factors into the equation and why a business valuation professional is needed to make this accounting estimate.
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Close-up on kickbacks and corruption
May / June 2021
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 562
Abstract: White collar crime is typically associated with asset theft and financial statement fraud. But more than 40% of fraud cases involve corruption, such as kickbacks, bid rigging, conflicts of interest and extortion, according to a recent study. This article highlights kickbacks and other types of corruption schemes, including ways to identify and prevent them.
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Magarik v. Kraus USA, Inc. – Bad assumptions sink expert’s plumbing business valuation
May / June 2021
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 839
Abstract: Courts expect valuation experts to base their analyses on sound data and realistic assumptions. If they fail to do so, courts may disregard all or part of their conclusions. This article summarizes a recent statutory appraisal case from New York that highlights the importance of using reliable inputs when valuing a business. A sidebar explains why courts usually prefer objective, market-based valuation inputs over internally generated assumptions. Magarik v. Kraus USA, Inc., No. 606128-15 (Sup. Ct., Nassau Cty., April 28, 2020).
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Lucero v. United States – Court rules “severely distressed” company was overvalued
May / June 2021
Newsletter: Viewpoint on Value
Price: $225.00, Subscriber Price: $157.50
Word count: 443
Abstract: A federal district court recently held that a married couple was entitled to a tax refund for a 2014 court settlement that included stock in a private business. This article summarizes the case and explains how the detailed analysis provided by an experienced business valuation professional helped persuade the court to uphold the taxpayers’ amended return. Lucero v. United States, Civ. No. 17-1065 JCH/JFR (D.N.M. Oct. 27, 2020).
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Eye on earnouts
May / June 2021
Newsletter: Viewpoint on Value
Price: $225.00, Subscriber Price: $157.50
Word count: 566
Abstract: M&A activity has grown during the COVID-19 pandemic. That trend is expected to continue in anticipation of higher capital gains tax rates under the Biden administration. Earnouts have become particularly common for deals that happen during these uncertain times. This article covers some earnout options to consider.
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Bankruptcy court addresses effects of COVID-19 on value
May / June 2021
Newsletter: Viewpoint on Value
Price: $225.00, Subscriber Price: $157.50
Word count: 623
Abstract: The COVID-19 pandemic has caused many businesses to struggle financially, forcing some to even file for bankruptcy. A critical factor when valuing a debtor in bankruptcy is current economic conditions. This article summarizes a recent bankruptcy court case that demonstrates the importance of using credentialed experts who fully consider the effects of the COVID-19 pandemic on value today. In re Body Transit, Inc. 619 B.R. 816 (Bankr. E.D. Pa. 2020).
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Measuring commercial damages
May / June 2021
Newsletter: Viewpoint on Value
Price: $225.00, Subscriber Price: $157.50
Word count: 863
Abstract: When estimating damages in commercial litigation, experts must decide whether to compute lost profits, diminished business value — or both. This article compares the two metrics and explains how to avoid double dipping.
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Lucero v. United States – Court rules “severely distressed” company was overvalued
May / June 2021
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 443
Abstract: A federal district court recently held that a married couple was entitled to a tax refund for a 2014 court settlement that included stock in a private business. This article summarizes the case and explains how the detailed analysis provided by an experienced business valuation professional helped persuade the court to uphold the taxpayers’ amended return. Lucero v. United States, Civ. No. 17-1065 JCH/JFR (D.N.M. Oct. 27, 2020).
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Eye on earnouts
May / June 2021
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 566
Abstract: M&A activity has grown during the COVID-19 pandemic. That trend is expected to continue in anticipation of higher capital gains tax rates under the Biden administration. Earnouts have become particularly common for deals that happen during these uncertain times. This article covers some earnout options to consider.
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Bankruptcy court addresses effects of COVID-19 on value
May / June 2021
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 623
Abstract: The COVID-19 pandemic has caused many businesses to struggle financially, forcing some to even file for bankruptcy. A critical factor when valuing a debtor in bankruptcy is current economic conditions. This article summarizes a recent bankruptcy court case that demonstrates the importance of using credentialed experts who fully consider the effects of the COVID-19 pandemic on value today. In re Body Transit, Inc. 619 B.R. 816 (Bankr. E.D. Pa. 2020).
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Measuring commercial damages
May / June 2021
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 863
Abstract: When estimating damages in commercial litigation, experts must decide whether to compute lost profits, diminished business value — or both. This article compares the two metrics and explains how to avoid double dipping.
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Gavrilides Mgmt. Co. v. Michigan Insurance Co. – Court dismisses COVID-19 business interruption claim
March / April 2021
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 423
Abstract: During the COVID-19 pandemic, governmental authorities have ordered many nonessential businesses to temporarily shut down. Hundreds of businesses have filed claims under their business interruption coverage, claims that insurers generally have denied. This article summarizes a ruling in one of the first such cases to go to court, which has given insurers confidence that their denials will stand. Gavrilides Mgmt. Co. v. Michigan Insurance Co., No. 20-258CB (Ingham Cty., Mich. July 1, 2020)
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Cryptocurrency and divorce: Getting your client’s money’s worth
March / April 2021
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 533
Abstract: More than a decade after Bitcoin launched, cryptocurrency has become mainstream and, therefore, relevant when it comes to property division in divorce. This form of currency can carry a high value, but it’s also more easily hidden than more traditional assets. This article explains how cryptocurrency works and how divorce attorneys can help their clients identify hidden cryptocurrency assets.
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Plan for the future – Balancing business succession and estate planning
March / April 2021
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 695
Abstract: A challenge presented by family businesses is that the older and younger generations may have conflicting objectives and financial needs. This article highlights strategies that can separate ownership and management succession, as well as generate cash flow for the owner while minimizing the burden on the next generation.
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Fraud in the family business
March / April 2021
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 864
Abstract: Financial statement auditors typically assess the risk of fraud as higher for family businesses than for nonfamily businesses. This article explains why and suggests ways to help reduce that risk. It also addresses how the COVID-19 pandemic increases the risk that family businesses will fall victim to fraud and financial misstatement schemes.