Valuation/Lit. sup./Fraud/M&A

Showing 1–16 of 1485 results

  • New study highlights use of crypto in fraud

    September / October 2022
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 446

    Abstract: Every two years the Association of Certified Fraud Examiners (ACFE) publishes its Report to the Nations, which highlights key fraud trends. New to the study in 2022 were statistics on the role cryptocurrency plays in fraud. This article discusses these findings along with potential risks of using crypto for day-to-day business transactions.

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  • Discounting damages – A dollar today is worth more than a dollar tomorrow

    September / October 2022
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 641

    Abstract: When calculating economic damages, financial experts must discount lost profits to their net present value. But a small difference in the discount rate can have a big impact on an expert’s conclusion. This article discusses how experts decide on the appropriate loss period and discount rate, based on market conditions and the risk of the business or product.

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  • Trapped-in gains: To discount or not to discount?

    September / October 2022
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 582

    Abstract: When valuing a C corporation, a key issue is often whether it’s appropriate to apply a discount for trapped-in capital gains, even when a sale of the business (or its highly appreciated assets) isn’t imminent. This article summarizes a recent Louisiana Court of Appeals case that addresses when a discount may be appropriate — and explains why it was inappropriate in this case. Shop Rite, Inc. v. Gardiner, No. 21-0371 (La. App. Dec. 29, 2021).

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  • Buckley v. Carlock – Appellate court affirms “blue-sky” method for valuing car dealerships

    September / October 2022
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 859

    Abstract: The Tennessee Court of Appeals recently affirmed a lower court’s application of the so-called “blue-sky” method to determine fair value in a shareholder oppression case. This article summarizes the details of the case and explains that courts are allowed to tweak generally accepted valuation methodology to achieve an equitable outcome under the fair value standard. A sidebar addresses the issue of recovery for attorneys’ fees by the prevailing party. Buckley v. Carlock, No. M2019-02294-COA-R3-CV (Tenn. App. Feb. 28, 2022).

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  • Beware of 3 common valuation pitfalls

    September / October 2022
    Newsletter: Viewpoint on Value

    Price: $225.00, Subscriber Price: $157.50

    Word count: 442

    Abstract: The presence of an error, misstatement or erroneous deviation from customary business valuation practice in an expert’s report is a risky proposition. It could trigger (or worsen) an IRS inquiry or perhaps lead to an embarrassing courtroom mishap. This article identifies some common pitfalls that qualified valuation pros avoid — and to which less-than-qualified ones often fall prey.

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  • ESOP valuations: How much is too much?

    September / October 2022
    Newsletter: Viewpoint on Value

    Price: $225.00, Subscriber Price: $157.50

    Word count: 499

    Abstract: The U.S. Department of Labor recently suffered a resounding defeat in Walsh v. Bowers. This article explains why a federal district court rejected the DOL’s claim that an employee stock ownership plan (ESOP) overpaid for the sponsoring company’s stock. Walsh v. Bowers, No. 18-00155 SOM-WRP (D. Hawaii Sept. 17, 2021).

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  • Divorce valuation hinges on expert credibility

    September / October 2022
    Newsletter: Viewpoint on Value

    Price: $225.00, Subscriber Price: $157.50

    Word count: 581

    Abstract: A recent Nebraska divorce case illustrates how differences in experts’ assumptions can have a dramatic impact on valuations. This article explains how five critical assumptions affected the experts’ conclusions regarding the value of the husband’s roofing business as of December 31, 2018. Cain v. Cain, No. A-21-068, Court of Appeals of Nebraska (February 1, 2022).

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  • Kars 4 Kids Inc. v. America Can! Cars for Kids – Do you know the difference between lost profits and disgorgement?

    September / October 2022
    Newsletter: Viewpoint on Value

    Price: $225.00, Subscriber Price: $157.50

    Word count: 980

    Abstract: A recent trademark infringement case involving competing not-for-profit organizations addresses several interesting issues regarding plaintiffs’ remedies and the calculation of damages. This article summarizes this case and discusses the importance of supporting infringement claims with a comprehensive analysis of the case facts. A sidebar highlights the importance of factoring current market conditions into lost profits calculations and other financial analyses. Kars 4 Kids Inc. v. America Can! Cars for Kids, 8 F.4th 209 (3rd Cir. 2021). Kars 4 Kids Inc. v. America Can! Cars for Kids, Nos. 3:14-cv-7770 and 3:16-cv-4232 (D.N.J. May 9, 2019). Kars 4 Kids Inc. v. America Can! Cars for Kids, Nos. 3:14-cv-7770 and 3:16-cv-4232 (D.N.J. April 1, 2020).

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  • Beware of 3 common valuation pitfalls

    September / October 2022
    Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report

    Price: $225.00, Subscriber Price: $157.50

    Word count: 442

    Abstract: The presence of an error, misstatement or erroneous deviation from customary business valuation practice in an expert’s report is a risky proposition. It could trigger (or worsen) an IRS inquiry or perhaps lead to an embarrassing courtroom mishap. This article identifies some common pitfalls that qualified valuation pros avoid — and to which less-than-qualified ones often fall prey.

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  • ESOP valuations: How much is too much?

    September / October 2022
    Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report

    Price: $225.00, Subscriber Price: $157.50

    Word count: 499

    Abstract: The U.S. Department of Labor recently suffered a resounding defeat in Walsh v. Bowers. This article explains why a federal district court rejected the DOL’s claim that an employee stock ownership plan (ESOP) overpaid for the sponsoring company’s stock. Walsh v. Bowers, No. 18-00155 SOM-WRP (D. Hawaii Sept. 17, 2021).

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  • Divorce valuation hinges on expert credibility

    September / October 2022
    Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report

    Price: $225.00, Subscriber Price: $157.50

    Word count: 581

    Abstract: A recent Nebraska divorce case illustrates how differences in experts’ assumptions can have a dramatic impact on valuations. This article explains how five critical assumptions affected the experts’ conclusions regarding the value of the husband’s roofing business as of December 31, 2018. Cain v. Cain, No. A-21-068, Court of Appeals of Nebraska (February 1, 2022).

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  • Kars 4 Kids Inc. v. America Can! Cars for Kids – Do you know the difference between lost profits and disgorgement?

    September / October 2022
    Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report

    Price: $225.00, Subscriber Price: $157.50

    Word count: 980

    Abstract: A recent trademark infringement case involving competing not-for-profit organizations addresses several interesting issues regarding plaintiffs’ remedies and the calculation of damages. This article summarizes this case and discusses the importance of supporting infringement claims with a comprehensive analysis of the case facts. A sidebar highlights the importance of factoring current market conditions into lost profits calculations and other financial analyses. Kars 4 Kids Inc. v. America Can! Cars for Kids, 8 F.4th 209 (3rd Cir. 2021). Kars 4 Kids Inc. v. America Can! Cars for Kids, Nos. 3:14-cv-7770 and 3:16-cv-4232 (D.N.J. May 9, 2019). Kars 4 Kids Inc. v. America Can! Cars for Kids, Nos. 3:14-cv-7770 and 3:16-cv-4232 (D.N.J. April 1, 2020).

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  • Don’t let fraud disrupt your M&A deal

    July / August 2022
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 437

    Abstract: Due diligence is key when buying or merging with a business, especially in today’s volatile marketplace. This article discusses ways a forensic accountant can help a buyer vet the seller’s financial statements, projections and representations for errors, exaggerations — and even fraud.

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  • Appellate court overturns ruling based on “incompetent” valuation

    July / August 2022
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 561

    Abstract: Weak valuation testimony may sometimes satisfy a jury. But it can come back to haunt clients on appeal. This article explains how a government agency learned that lesson the hard way in a recent Pennsylvania eminent domain case. State Route 00700, Section 21H v. Bentleyville Garden Inn, Inc., No. S-21-133 (Pa. Commonwealth Oct. 1, 2021).

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  • Factors to consider when selecting guideline companies

    July / August 2022
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 635

    Abstract: When valuing businesses, experts often rely on the guideline transaction method. This technique derives market multiples from the market prices of controlling interests in companies that are engaged in the same or similar lines of business as the subject company. This article explains why careful selection of guideline companies and pricing multiples is critical to avoiding erroneous conclusions under this method.

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  • Bohac v. Benes Service Co. – Is the asset-based approach relevant for going concerns?

    July / August 2022
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 836

    Abstract: The appropriate technique for valuing a business depends on a variety of factors, including the type of business, its plans for the future and the valuation’s purpose. This article summarizes a recent Nebraska Supreme Court ruling that called for an asset-based (or cost) approach to value a business that’s a viable going concern. A sidebar explains how the standard of value in dissenting shareholder cases usually differs from the IRS’s definition of fair market value. Bohac v. Benes Service Co., No. S-21-133 (Neb. Jan. 14, 2022).

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