Valuation/Lit. sup./Fraud/M&A
Showing 1–16 of 1413 results
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Rochkind v. Stevenson – Maryland gets on board with Daubert
September / October 2021
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 451
Abstract: Maryland’s highest court has belatedly joined the majority of jurisdictions in the United States in adopting the 1993 Daubert test for determining the admissibility of expert scientific testimony. This article explains why the court decided to abandon the state’s former “two-channel” approach in favor of a broader 10-factor approach. Rochkind v. Stevenson, No. 24-C-11-008722 (Md. Aug. 28, 2020). Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993). Frye v. United States, 293 F. 1013 (D.C. Cir 1923). Reed v. State, 283 Md. 374, 381 (1978).
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Using the statement of cash flows to spot fraud
September / October 2021
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 573
Abstract: Fraud studies show that cash is the most frequently stolen business asset. The statement of cash flows shows how cash changed during the year. This article explains how cash from operations can be analyzed to help detect fraud and financial misstatement scams.
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How to value a business in an uncertain marketplace
September / October 2021
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 673
Abstract: The COVID-19 pandemic has dramatically altered the business world, forcing valuation experts to rethink some of their forecasting models and methods. This article explains how experts approach business valuation assignments differently in today’s volatile marketplace.
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Do your clients understand the tax treatment of their settlements?
September / October 2021
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 856
Abstract: A client’s elation over receiving a healthy settlement amount can quickly turn sour when the tax implications are revealed. This article summarizes two recent rulings from the U.S. Tax Court that serve as valuable reminders that “gross income” is defined broadly, while statutory exclusions, including those for damages, are narrowly construed. A sidebar explains the return of capital exclusion. Stassi v. Commissioner, No. 2021-5 (Tax Ct., Feb. 8, 2021). Blum v. Commissioner, No. 2021-18 (Tax Ct., Feb. 18, 2021).
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Court favors “exceptionally knowledgeable” valuation expert
September / October 2021
Newsletter: Viewpoint on Value
Price: $225.00, Subscriber Price: $157.50
Word count: 443
Abstract: In a recent breach of fiduciary duty case, the Delaware Court of Chancery dismissed the plaintiff’s challenges to a stock sale involving her late husband’s business. This article summarizes the case and explains how the use of a qualified, experienced valuation expert led to a “fair” outcome in the eyes of the court. Marion Coster v. UIP Companies, Inc., Steven Schwat, and Schwat Realty LLC, C.A. No. 2018-0440-KSJM Consolidated (Del. Ch., Jan. 28, 2020).
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FAQs about fairness opinions
September / October 2021
Newsletter: Viewpoint on Value
Price: $225.00, Subscriber Price: $157.50
Word count: 540
Abstract: Mergers and acquisitions activity surged in the United States in the first half of 2021. A fairness opinion can protect against costly litigation if a deal’s projected results unexpectedly fall short or insolvency becomes likely. This article answers potential questions clients may have about these expert opinions.
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Estate planning for business owners – Act soon to take advantage of favorable federal tax rules
September / October 2021
Newsletter: Viewpoint on Value
Price: $225.00, Subscriber Price: $157.50
Word count: 884
Abstract: Year end is always a good time for business owners to reevaluate their estate plans. But the exercise is particularly important this year, because Congress is considering proposals that would make the federal estate and gift tax rules less taxpayer friendly. This article highlights how proposed changes may prompt business owners to revise their current estate plans. A sidebar summarizes the Tax Court’s ruling on the value of Michael Jackson’s estate. Estate of Michael J. Jackson v. Commissioner, TC Memo 2021-48.
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How to reevaluate risk in the new normal
September / October 2021
Newsletter: Viewpoint on Value
Price: $225.00, Subscriber Price: $157.50
Word count: 621
Abstract: As we emerge from the COVID-19 pandemic, many business owners and managers are grappling with the prospect of a “new normal.” This article explains how financial experts can help business owners get a better handle on risk factors in the current environment when evaluating operating and capital budgeting decisions.
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Court favors “exceptionally knowledgeable” valuation expert
September / October 2021
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 443
Abstract: In a recent breach of fiduciary duty case, the Delaware Court of Chancery dismissed the plaintiff’s challenges to a stock sale involving her late husband’s business. This article summarizes the case and explains how the use of a qualified, experienced valuation expert led to a “fair” outcome in the eyes of the court. Marion Coster v. UIP Companies, Inc., Steven Schwat, and Schwat Realty LLC, C.A. No. 2018-0440-KSJM Consolidated (Del. Ch., Jan. 28, 2020).
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FAQs about fairness opinions
September / October 2021
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 540
Abstract: Mergers and acquisitions activity surged in the United States in the first half of 2021. A fairness opinion can protect against costly litigation if a deal’s projected results unexpectedly fall short or insolvency becomes likely. This article answers potential questions clients may have about these expert opinions.
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Estate planning for business owners – Act soon to take advantage of favorable federal tax rules
September / October 2021
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 884
Abstract: Year end is always a good time for business owners to reevaluate their estate plans. But the exercise is particularly important this year, because Congress is considering proposals that would make the federal estate and gift tax rules less taxpayer friendly. This article highlights how proposed changes may prompt business owners to revise their current estate plans. A sidebar summarizes the Tax Court’s ruling on the value of Michael Jackson’s estate. Estate of Michael J. Jackson v. Commissioner, TC Memo 2021-48.
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How to reevaluate risk in the new normal
September / October 2021
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 621
Abstract: As we emerge from the COVID-19 pandemic, many business owners and managers are grappling with the prospect of a “new normal.” This article explains how financial experts can help business owners get a better handle on risk factors in the current environment when evaluating operating and capital budgeting decisions.
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3 methods to estimate value for buy-sell purposes
July / August 2021
Newsletter: Viewpoint on Value
Price: $225.00, Subscriber Price: $157.50
Word count: 441
Abstract: Changes in business values during the pandemic may necessitate updates to companies’ buy-sell agreements. This article describes three common valuation methods used for buyout purposes — 1) prescribed formulas, 2) negotiated prices, and 3) independent appraisals — and how valuation experts can help owners implement buy-sell agreements that cover all the value-related bases.
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Focus on infringement – Federal court provides guidance on reasonable royalty evidence
July / August 2021
Newsletter: Viewpoint on Value
Price: $225.00, Subscriber Price: $157.50
Word count: 652
Abstract: In patent infringement cases, plaintiffs are generally entitled to recover damages based on lost profits but never less than “reasonable royalties.” This article summarizes a recent U.S. district court ruling that provides guidance on the standards that damages experts are expected to meet in these cases. Meridian Manufacturing, Inc. v. C&B Manufacturing, Inc., No. C15-4238-LTS (N.D. Iowa, October 5, 2018). Georgia-Pacific Corp. vs. U.S. Plywood Corp., 318 F. Supp. (S.D.N.Y. 1970).
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White v. White – Is appreciation separate or marital property?
July / August 2021
Newsletter: Viewpoint on Value
Price: $225.00, Subscriber Price: $157.50
Word count: 563
Abstract: When dividing property in a divorce case, courts in most states distinguish between separate and marital property. Generally, separate property isn’t subject to division, while marital property is. However, a recent Nebraska Supreme Court case highlights how an increase in the value of separate property may sometimes be classified as marital property and, therefore, be subject to division. White v. White, 937 N.W.2d 838 (Neb. 2020).
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The virtual reality of today’s legal meetings
July / August 2021
Newsletter: Viewpoint on Value
Price: $225.00, Subscriber Price: $157.50
Word count: 892
Abstract: During the pandemic, virtual meetings have been used widely for various legal purposes, including court hearings, depositions, settlement talks and M&A negotiations. This article identifies potential pitfalls and ways to avoid them when conducting virtual meetings or testifying remotely. A sidebar highlights another lesson learned during the pandemic: Recycling valuation reports can be perilous, except in rare situations.