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

Showing 49–64 of 1413 results

  • 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.

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  • 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.

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  • 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.

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  • 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)

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  • Why experts should participate in the discovery process

    January / February 2021
    Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report

    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.

    Read More

  • COVID-19 causes upswing in wrongful termination claims

    January / February 2021
    Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report

    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.

    Read More

  • Subsequent events: What was “known or knowable” on the valuation date?

    January / February 2021
    Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report

    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.

    Read More

  • Robinson v. Langenbach – Applying valuation discounts in statutory buyouts

    January / February 2021
    Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report

    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)

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  • Linde v. Linde – Court rejects asset valuation approach in appraisal case

    January / February 2021
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 412

    Abstract: The asset-based (or cost) approach is one of three techniques that are commonly used to value private businesses. It’s based on the adjusted book value of the company’s assets less any outstanding liabilities. This article summarizes a recent Pennsylvania Court of Appeals case, which affirmed that this approach wasn’t appropriate under the circumstances — and a valuation that relied on it wasn’t credible. Linde v. Linde, No. 754 MDA 2018 (Pa. Super. Ct. Oct. 11, 2019)

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  • Looking to sell? Exercise caution when entering the M&A market during the COVID-19 crisis

    January / February 2021
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 574

    Abstract: The COVID-19 pandemic has devastated some businesses, while others are thriving. In today’s uncertain marketplace, many companies’ financial profiles have weakened, causing business buyers to be more risk averse. This article explains that sellers need to walk a fine line between pouncing on what may appear to be a good offer and hanging back to mull over the options. A valuation pro can help sellers understand current market value and ways to enhance it.

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  • Vishing: Beware of callers with malicious intent

    January / February 2021
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 660

    Abstract: As if adapting to remote working arrangements during the COVID-19 crisis hasn’t been difficult enough, now business owners must safeguard against opportunistic hackers who attempt to infiltrate employees’ less-secure home networks. One emerging ploy uses a new twist on phishing scams to gain access to business networks. This article explains how voice vhishing (or vishing) works and how to prevent it.

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  • Disputed stock sale survives “entire fairness” review

    January / February 2021
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 885

    Abstract: The Delaware Chancery Court recently applied the toughest standard of scrutiny — known as “entire fairness” — in a dispute over the control and ownership of a company after the sale of unissued stock to an executive in the business. This article explains how the standard works and how an independent valuation helped the directors prevail in a recent shareholder dispute. A sidebar explains common methods experts use to estimate lost profits in fiduciary breach cases. Coster v. UIP Companies, Inc., No. 2018-0440-KSJM (Del. Ch. Ct. Jan. 28, 2020)

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  • County of Maricopa v. Office Depot Inc. – Is that expert report final — or a draft?

    November / December 2020
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 441

    Abstract: The question of whether an expert’s report is a draft, and therefore not subject to discovery, is a hot topic in some courts, both federal and state. This article summarizes a recent federal district court case that demonstrates the stakes involved when making this determination. County of Maricopa v. Office Depot Inc., No. 14-01372 (D. Ariz. Oct. 9, 2019)

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  • Owners’ compensation: Determining what’s reasonable

    November / December 2020
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 519

    Abstract: At year end, it’s common for business owners to reflect on the year’s performance and decide whether they’ve been fairly compensated for their efforts. This article highlights some important issues for clients to consider before deciding to whether pay themselves a holiday bonus or make a special distribution to help cover their personal tax obligations from earnings from a pass-through business.

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  • Spotlight on fraud in the nonprofit sector

    November / December 2020
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 676

    Abstract: Times of crisis bring out the best — and worst — in people. During the COVID-19 pandemic, it’s critical for not-for-profit organizations to remain diligent in their efforts to combat fraud. This article identifies steps that not-for-profit clients can take to minimize fraud risks and help fulfill their mission.

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  • Family matters – Are cash advances gifts or loans for tax purposes?

    November / December 2020
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 872

    Abstract: When friends and family members are struggling to make ends meet — like during the COVID-19 crisis — loved ones may give or lend money to help. However, it’s important to understand whether a client’s transfers will be classified as gifts or loans for tax purposes. This article summarizes a recent U.S. Tax Court case that highlights how the determination is made and how changes in circumstances may lead to different classifications for subsequent transfers. A sidebar highlights a gift tax case where value was determined by the transfer document, not the donor’s intent. Estate of Bolles v. Commissioner, T.C. Memo. 2020-71 (Tax Ct. June 1, 2020) Nelson v. Commissioner, T.C. Memo. 2020-81 (Tax Ct. June 10, 2020)

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