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

Showing 17–32 of 1413 results

  • 3 methods to estimate value for buy-sell purposes

    July / August 2021
    Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report

    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.

    Read More

  • Focus on infringement – Federal court provides guidance on reasonable royalty evidence

    July / August 2021
    Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report

    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).

    Read More

  • White v. White – Is appreciation separate or marital property?

    July / August 2021
    Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report

    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).

    Read More

  • The virtual reality of today’s legal meetings

    July / August 2021
    Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report

    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.

    Read More

  • Court explains “built-in” apportionment in royalty calculation

    July / August 2021
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 406

    Abstract: The Federal Circuit Court of Appeals affirmed a massive damages award based on reasonable royalties in a recent patent infringement case. This article summarizes why the court dismissed the need to apportion damages among infringing and noninfringing components in the accused invention. Vectura Ltd. v. GlaxoSmithKline LLC, No. 2020-1054 (Fed. Cir., Nov. 19, 2020).

    Read More

  • Tax issues to consider in divorce settlements

    July / August 2021
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 554

    Abstract: When settling a marital estate, it’s important to consider federal tax issues — especially as tax laws are expected to generally become less favorable with the change of administration. This article highlights the tax implications of transferring marital assets between spouses when a divorce is settled and beyond.

    Read More

  • Forensic accounting investigations – Expertise is critical when conducting interviews

    July / August 2021
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 733

    Abstract: During fraud investigations, interviews of witnesses and suspects are used to gather information. Care should be taken when interviewing company personnel and gathering other evidence to protect the chain of custody and ensure that the findings can be admitted in a legal proceeding. This article discusses the types of questions forensic experts ask, the process of interviewing witnesses and suspects, and behavioral red flags of deception.

    Read More

  • Raley v. Brinkman – Should pass-through earnings be tax affected?

    July / August 2021
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 809

    Abstract: The Tennessee Court of Appeals recently weighed in on the ongoing debate over whether a pass-through entity’s projected future income should be reduced for hypothetical corporate income taxes when valuing the business. This article explains why the court found that so-called “tax affecting” was appropriate in this buyout case. Raley v. Brinkman, No. 2018-02002 (Tenn. App., July 30, 2020). Delaware Open MRI Radiology Associates v. Kessler, 898 A.2d 290 (Del. Ct. Ch., 2006). Estate of Jones, TC Memo 2019-101, August 19, 2019.

    Read More

  • 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).

    Read More

  • 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.

    Read More

  • 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.

    Read More

  • 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).

    Read More

  • 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).

    Read More

  • 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.

    Read More

  • 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).

    Read More

  • 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.

    Read More