Valuation/Lit. sup./Fraud/M&A
Showing 49–64 of 1569 results
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Proposed FRE amendments may affect your expert witnesses
March / April 2023
Newsletter: Viewpoint on Value
Price: $225.00, Subscriber Price: $157.50
Word count: 407
Abstract: Proposed amendments to the Federal Rules of Evidence (FRE), expected to take effect in late 2023, may affect the admissibility of expert testimony. This article discusses the two key changes the amendments, if approved by the U.S. Supreme Court, would make and the impact they would have on the use of financial experts in federal cases.
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How to estimate lost profits for a start-up business
March / April 2023
Newsletter: Viewpoint on Value
Price: $225.00, Subscriber Price: $157.50
Word count: 594
Abstract: The usual methods of calculating lost profits may fall short when a start-up is involved. This article explains alternative methods of assessing damages that experts use for companies without an established track record.
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Redleaf v. Commissioner – Cash payments are property settlement, not deductible alimony
March / April 2023
Newsletter: Viewpoint on Value
Price: $225.00, Subscriber Price: $157.50
Word count: 613
Abstract: Pursuant to a marital termination agreement from 2008, the husband in Redleaf v. Commissioner deducted $51 million in deferred cash payments to his ex-wife. The U.S. Court of Appeals for the Eighth Circuit Court affirmed that the payments weren’t deductible as alimony under the tax law that was in effect at the time the agreement was executed. This article summarizes the case and highlights the importance of considering tax issues when executing a divorce or settlement agreement. Redleaf v. Commissioner, 43 F.4th 825 (8th Cir. 2022).
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DLOM dilemma – Defendants’ bad-faith behavior precluded marketability discount
March / April 2023
Newsletter: Viewpoint on Value
Price: $225.00, Subscriber Price: $157.50
Word count: 898
Abstract: In Sipko v. Koger, Inc., the New Jersey Supreme Court found that a discount for lack of marketability (DLOM) was inappropriate, noting the “defendants’ bad-faith behavior throughout this 15-year litigation.” This article summarizes this family business drama. A sidebar discusses the issue of applying DLOMs to controlling interests in private businesses to reflect the time and effort needed to convert them to cash. Sipko v. Koger, Inc., 276 A.3d 160 (N.J. Sup. Ct. 2022).
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Proposed FRE amendments may affect your expert witnesses
March / April 2023
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 407
Abstract: Proposed amendments to the Federal Rules of Evidence (FRE), expected to take effect in late 2023, may affect the admissibility of expert testimony. This article discusses the two key changes the amendments, if approved by the U.S. Supreme Court, would make and the impact they would have on the use of financial experts in federal cases.
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How to estimate lost profits for a start-up business
March / April 2023
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 594
Abstract: The usual methods of calculating lost profits may fall short when a start-up is involved. This article explains alternative methods of assessing damages that experts use for companies without an established track record.
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Redleaf v. Commissioner – Cash payments are property settlement, not deductible alimony
March / April 2023
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 613
Abstract: Pursuant to a marital termination agreement from 2008, the husband in Redleaf v. Commissioner deducted $51 million in deferred cash payments to his ex-wife. The U.S. Court of Appeals for the Eighth Circuit Court affirmed that the payments weren’t deductible as alimony under the tax law that was in effect at the time the agreement was executed. This article summarizes the case and highlights the importance of considering tax issues when executing a divorce or settlement agreement. Redleaf v. Commissioner, 43 F.4th 825 (8th Cir. 2022).
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DLOM dilemma – Defendants’ bad-faith behavior precluded marketability discount
March / April 2023
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 898
Abstract: In Sipko v. Koger, Inc., the New Jersey Supreme Court found that a discount for lack of marketability (DLOM) was inappropriate, noting the “defendants’ bad-faith behavior throughout this 15-year litigation.” This article summarizes this family business drama. A sidebar discusses the issue of applying DLOMs to controlling interests in private businesses to reflect the time and effort needed to convert them to cash. Sipko v. Koger, Inc., 276 A.3d 160 (N.J. Sup. Ct. 2022).
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How do value conclusions and value calculations differ?
March / April 2023
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 421
Abstract: The value of a business is relevant in a wide variety of legal contexts, including divorces, shareholder disputes, mergers, bankruptcy and tax planning. Understanding the different services valuators offer can facilitate informed decision-making. This article compares and contrasts two common types of valuation services: calculations of value and conclusions of value.
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Detecting fraud with proactive measures
March / April 2023
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 666
Abstract: Each year, businesses lose about 5% of revenue to fraud, according to Occupational Fraud 2022: A Report to the Nations. A key takeaway from the biennial report is that active detection methods are far more effective than passive methods in reducing fraud loss and duration. This article delves into the details of this finding and provides other key takeaways from the report.
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Estate of Levine – Taxpayer wins on value of split-dollar arrangement
March / April 2023
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 526
Abstract: The U.S. Tax Court recently rejected the IRS’s attempt to essentially triple the value of a split-dollar life insurance arrangement in a decedent’s taxable estate. This article summarizes this case and highlights the importance of careful drafting in estate plans. Estate of Levine, No. 13370-13 (Tax Ct. Feb. 28, 2022).
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IRS sheds light on subsequent events and recycled valuation reports
March / April 2023
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 935
Abstract: A recent IRS Chief Counsel Advice memorandum offers valuable insight into the IRS’s perspective on whether subsequent events may be considered when estimating the fair market value of a private business interest for gift tax purposes. The memorandum — which can’t be used or cited as legal precedent — also addresses the issue of re-using previously issued valuations for gift and estate tax purposes. This article summarizes the key takeaways from this unofficial guidance. A sidebar explains when valuators may factor subsequent events into their analyses.
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How to apply Panduit factors in patent infringement cases
January / February 2023
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 416
Abstract: The U.S. District Court for the Eastern District of Tennessee recently denied a defendant’s attempt to exclude the opposing expert’s testimony. This article summarizes this ruling, which highlights how the Panduit factors are used to determine lost profit damages in patent infringement cases. Xodus Medical, Inc. v. Prime Medical, LLC, No. 18-cv-00414 (E.D. Tenn. Dec. 16, 2021). Panduit Corp. v. Stahlin Bros. Fibre Works, Inc., 575 F.2d 1152, 197 USPQ 726 (6th Cir.1978).
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Forced buyout: Court opts for modified liquidation value
January / February 2023
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 545
Abstract: The Michigan Court of Appeals has issued a ruling in a 15-year legal battle over a forced buyout that’s bounced back and forth between the trial and appellate courts. This article discusses the reasons the appellate court affirmed the “modified liquidation value” that the lower court assigned to the family-owned holding company — even though the valuation didn’t account for certain assets and included liquidation expenses. Pitsch v. Pitsch Holding Co., No. 356184 (Mich. App. May 12, 2022).
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Factoring external market conditions into a valuation
January / February 2023
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 619
Abstract: Outside forces — such as government regulation, global competition, interest rates, labor supply and tax policy — may influence an organization’s estimated value. This article discusses how valuators size up current and future economic conditions and synthesize them into a meaningful value estimate.
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In re International Supply Co. – Debtor fails insolvency tests for fraudulent transfers
January / February 2023
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 931
Abstract: Three insolvency tests are applied to determine whether a debtor’s pre-filing transfer can be rejected as fraudulent under federal bankruptcy law: the balance sheet, cash flow and adequacy of capital tests. This article summarizes a recent case that provides a primer on how financial experts apply these tests. The ruling clarifies that a debtor may be solvent under one test but ultimately be found insolvent. A sidebar explains how to avoid fraudulent transfer claims in estate planning. Stone v. Citizens Equity First Credit Union (In re Int’l Supply Co.), No. 17-08049 (Ill. Bankr. March 20, 2022).