Valuation/Lit. sup./Fraud/M&A
Showing 1–16 of 1377 results
-
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)
-
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.
-
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.
-
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.
-
Jensen v. Jensen – Are retained business earnings marital property?
March / April 2021
Newsletter: Viewpoint on Value
Price: $225.00, Subscriber Price: $157.50
Word count: 443
Abstract: The Court of Appeals of Michigan recently addressed whether a business’s retained earnings should be included in a marital estate, if the business is one of the spouse’s separate property. This article summarizes the details of this case and why the court ultimately decided that this issue should be determined on a case-by-case basis. Jensen v. Jensen, No. 333569 (Mich. Ct. App., Jan. 9, 2018)
-
Researching the effect of COVID-19 on the DLOM
March / April 2021
Newsletter: Viewpoint on Value
Price: $225.00, Subscriber Price: $157.50
Word count: 592
Abstract: Business valuation experts often apply a discount for lack of marketability (DLOM) when valuing a private business interest. This adjustment reflects the relative difficulty of converting the interest into cash, quickly and at minimal cost, compared to publicly traded stocks. This article highlights common sources of empirical data that experts use to quantify the DLOM and explains how the COVID-19 crisis has affected the DLOM.
-
How to calculate damages in fraud cases
March / April 2021
Newsletter: Viewpoint on Value
Price: $225.00, Subscriber Price: $157.50
Word count: 650
Abstract: When courts order restitution from fraud, it may be difficult to determine how much the company has actually lost. This article explains how forensic accounting experts calculate damages in accordance with state laws and prepare presentations that convince judges to accept their conclusions.
-
Shareholder buyout: Battle of the valuation experts
March / April 2021
Newsletter: Viewpoint on Value
Price: $225.00, Subscriber Price: $157.50
Word count: 833
Abstract: In a recent New York buyout case, the sole issue before the court was the fair value of the petitioner’s interest in the respondent corporation. This article explains that outcome ultimately turned on the credibility of opposing valuation experts and the soundness of their methods. A sidebar highlights another shareholder dispute where the Delaware Chancery Court was provided with unreliable valuation opinions from both sides. Sergio Magarik v. Kraus USA, Inc., No. 606128/2015 (N.Y. Sup. Ct., Apr. 28, 2020) William Richard Kruse v. Synapse Wireless, Inc., No. 12392-VCS (Del. Ch., Apr. 22, 2020)
-
Jensen v. Jensen – Are retained business earnings marital property?
March / April 2021
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 443
Abstract: The Court of Appeals of Michigan recently addressed whether a business’s retained earnings should be included in a marital estate, if the business is one of the spouse’s separate property. This article summarizes the details of this case and why the court ultimately decided that this issue should be determined on a case-by-case basis. Jensen v. Jensen, No. 333569 (Mich. Ct. App., Jan. 9, 2018)
-
Researching the effect of COVID-19 on the DLOM
March / April 2021
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 592
Abstract: Business valuation experts often apply a discount for lack of marketability (DLOM) when valuing a private business interest. This adjustment reflects the relative difficulty of converting the interest into cash, quickly and at minimal cost, compared to publicly traded stocks. This article highlights common sources of empirical data that experts use to quantify the DLOM and explains how the COVID-19 crisis has affected the DLOM.
-
How to calculate damages in fraud cases
March / April 2021
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 650
Abstract: When courts order restitution from fraud, it may be difficult to determine how much the company has actually lost. This article explains how forensic accounting experts calculate damages in accordance with state laws and prepare presentations that convince judges to accept their conclusions.
-
Shareholder buyout: Battle of the valuation experts
March / April 2021
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 833
Abstract: In a recent New York buyout case, the sole issue before the court was the fair value of the petitioner’s interest in the respondent corporation. This article explains that outcome ultimately turned on the credibility of opposing valuation experts and the soundness of their methods. A sidebar highlights another shareholder dispute where the Delaware Chancery Court was provided with unreliable valuation opinions from both sides. Sergio Magarik v. Kraus USA, Inc., No. 606128/2015 (N.Y. Sup. Ct., Apr. 28, 2020) William Richard Kruse v. Synapse Wireless, Inc., No. 12392-VCS (Del. Ch., Apr. 22, 2020)
-
Why experts should participate in the discovery process
January / February 2021
Newsletter: Viewpoint on Value
Price: $225.00, Subscriber Price: $157.50
Word count: 429
Abstract: In commercial litigation, attorneys who collect facts about a case and later hire an expert to analyze those facts often miss valuable opportunities to strengthen their case. This article explains how involving financial experts early in the discovery phase can help elicit information that reinforces expert opinions and lends credibility to testimony related to business valuations and damages calculations.
-
COVID-19 causes upswing in wrongful termination claims
January / February 2021
Newsletter: Viewpoint on Value
Price: $225.00, Subscriber Price: $157.50
Word count: 562
Abstract: Many employers have furloughed or laid off workers during the COVID-19 crisis, causing a surge in wrongful termination cases and other types of employment litigation. Financial experts play a critical role in these cases. This article describes the factors that go into a defensible lost earnings calculation.
-
Subsequent events: What was “known or knowable” on the valuation date?
January / February 2021
Newsletter: Viewpoint on Value
Price: $225.00, Subscriber Price: $157.50
Word count: 668
Abstract: The COVID-19 pandemic has affected the value of many privately held businesses. When valuing a business in today’s uncertain conditions, experts must put themselves in the shoes of hypothetical investors and consider only relevant information that was known (or knowable) on the valuation date. This article explains the general rules about when events that happen after the valuation date may be considered in a valuation and how the pandemic is muddying this issue.
-
Robinson v. Langenbach – Applying valuation discounts in statutory buyouts
January / February 2021
Newsletter: Viewpoint on Value
Price: $225.00, Subscriber Price: $157.50
Word count: 857
Abstract: In most states, the appropriate standard of value in statutory buyouts is fair value. Unlike fair market value, fair value generally doesn’t include discounts for lack of control or marketability. This article summarizes a recent minority interest buyout case that highlights how courts may have broad discretion when valuing minority interests for buyout purposes — and applying valuation discounts — based on case facts. A sidebar provides an example of discounts being denied. Robinson v. Langenbach, No. SC97940, Supreme Court of Missouri, En Banc (May 12, 2020) Hartman v. BigInch Fabricators & Construction Holding Company, No. 19A-PL-2263, Court of Appeals of Indiana (May 5, 2020)