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

Showing 1329–1344 of 1353 results

  • Supreme Court decision could require fresh patent valuations

    March / April 2008
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 687

    Abstract: A U.S. Supreme Court ruling welcomed by many in the technology arena may have made it more difficult to obtain and retain patent protection. The decision in KSR International Co. v. Teleflex Inc (U.S. 2007) could diminish the value of some patents and their related revenues. Because it has implications for compliance with the Sarbanes-Oxley Act (SOX) and certain accounting standards, some companies may require new patent valuations.

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  • Valuing S corporations – Tax-affecting reels from another blow

    March / April 2008
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 664

    Abstract: In Bernier v. Bernier (Mass. 2007), the court considered whether tax-affecting — which reduces a business’s projected future income by deducting hypothetical corporate income taxes — was inappropriate in valuing an S corporation. This article explains how the Bernier court arrived at the decision that the value of closely held companies with flow-through tax benefits should not be reduced by a full tax-affecting.

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  • Court rules on discoverability of draft expert reports

    March / April 2008
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 921

    Abstract: When experts perform valuations for litigation purposes, issues can arise over the discoverability of their draft reports and their duty to preserve them as well as correspondence related to the drafts. A recent federal district court decision, University of Pittsburgh v. Townsend (E.D. Tenn. 2007), provides valuable guidance for attorneys and accounting experts by clarifying experts’ duties to preserve and disclose draft reports. This article discusses the case and the court’s findings.

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  • Ask the Advisor – Q: Can a shareholder agreement prevent conflict among business owners?

    February / March 2008
    Newsletter: Merger & Acquisition Focus

    Price: $225.00, Subscriber Price: $157.50

    Word count: 506

    Abstract: As this column explains, shareholder agreements enable owners to plan their company’s future — whatever unexpected events might befall it. These agreements assign ownership, set a value for company shares, dictate buyout terms and outline how the company is to be managed. This detailed plan helps to eliminate surprises and minimize disagreements down the line. (Updated 9/27/12)

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  • Board appeal – Your directors can help steer you through an M&A

    February / March 2008
    Newsletter: Merger & Acquisition Focus

    Price: $225.00, Subscriber Price: $157.50

    Word count: 854

    Abstract: Whether a company is on the buying or selling side of an M&A, its board of directors can help guide and advise it through the process. A legally formed board of directors has a fiduciary obligation to try to negotiate the best deal for its shareholders and, as this article discusses, may be involved at many stages of the transaction. This includes, on the buying side, ensuring that the acquisition’s rewards outstrip risks such as increased debt. On the selling side, a board can help make the case for the sale to shareholders and vet potential buyers.

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  • Buying damaged goods? How to evaluate a distressed company’s potential

    February / March 2008
    Newsletter: Merger & Acquisition Focus

    Price: $225.00, Subscriber Price: $157.50

    Word count: 685

    Abstract: Thorough due diligence and a professional valuation can help reveal whether a distressed company is a diamond in the rough or fatally flawed. This article provides tips on spotting imminent trouble, including debt reduction programs and cost-cutting tactics. It also helps buyers evaluate an acquisition’s hidden opportunities, by weighing its market position, demographic trends, revenue growth, cash reserves and industry conditions. (Updated 3/31/12)

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  • Don’t let fraud derail your deal

    February / March 2008
    Newsletter: Merger & Acquisition Focus

    Price: $225.00, Subscriber Price: $157.50

    Word count: 842

    Abstract: A thorough investigation performed by forensic accounting and other financial experts during the due diligence stage of an M&A deal can help uncover financial statement and other forms of fraud. Before they waste valuable time and resources negotiating a deal, buyers should perform background checks on the selling company’s owners and executives, search for financial manipulation and ensure the business has adequate fraud policies and internal controls in place.

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  • All’s not lost – Uncovering lingering electronic evidence

    Winter 2008
    Newsletter: Expert / Valuation & Litigation Concepts

    Price: $225.00, Subscriber Price: $157.50

    Word count: 481

    Abstract: Even when electronic evidence appears to have been deleted, forensic experts can help clients look for valuable nuggets of information. Experts may be able to break passwords, resurrect documents and find evidence in computer caches, recycle bins and meta data. (Updated 7/25/12)

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  • Finding fraud in financial statements

    Winter 2008
    Newsletter: Expert / Valuation & Litigation Concepts

    Price: $225.00, Subscriber Price: $157.50

    Word count: 322

    Abstract: Although Generally Accepted Accounting Principles (GAAP) mandate specific disclosures and reporting procedures, companies bent on fraud still find ways to falsify their financial statements. This article discusses several types of intentional omissions and common ways GAAP is misapplied. (Updated 11/30/12)

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  • A matter of preference: Valuing preferred stock

    Winter 2008
    Newsletter: Expert / Valuation & Litigation Concepts

    Price: $225.00, Subscriber Price: $157.50

    Word count: 518

    Abstract: This article talks about the three important factors that determine the value of preferred stock, according to IRS Revenue Ruling 83-120: yield, dividend coverage and protection of liquidation preference. It also discusses additional factors affecting value, including whether shares come with voting rights. (Updated 10/29/12)

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  • Ethics standard for CPAs could hamper expert testimony

    Winter 2008
    Newsletter: Expert / Valuation & Litigation Concepts

    Price: $225.00, Subscriber Price: $157.50

    Word count: 631

    Abstract: This article warns that an ethics standard designed to maintain CPA independence could affect litigators, too. The American Institute of Certified Public Accountants’ (AICPA’s) Professional Ethics Executive Committee’s 2007 revision to Interpretation No. 101-3 could be used by savvy attorneys to block CPAs from testifying as opposing experts or providing forensic services under certain circumstances. The AICPA standard refers to forensic accounting services for attest clients as potentially impairing CPA independence.

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  • Are draft expert reports discoverable? Federal court clarifies obligations

    Winter 2008
    Newsletter: Expert / Valuation & Litigation Concepts

    Price: $225.00, Subscriber Price: $157.50

    Word count: 1021

    Abstract: Valuations performed for litigation purposes raise questions about whether draft reports are discoverable and whether a duty exists to preserve drafts and correspondence related to valuations. In Univ. of Pittsburgh v. Townsend, the federal district court for the Eastern District of Tennessee clarified the rules regarding the discoverability of draft expert reports. The court didn’t read FRCP 26(a)(2) as imposing an affirmative duty to preserve “all documents” or as requiring the disclosure of draft reports, but noted that “draft reports are certainly discoverable.”

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  • The digital detective: Using statistics to uncover fraud

    January / February 2008
    Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report

    Price: $225.00, Subscriber Price: $157.50

    Word count: 335

    Abstract: This article explains how Benford’s Law can help uncover financial fraud by examining patterns in tabulated data. It’s almost impossible for someone to manipulate digits so that they appear to conform to Benford’s Law, so analysts use the technique to find suspicious numbers that merit further investigation.  (Updated 5/7/12)

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  • Growing pains – Patent case expands definition of “reasonable royalty”

    January / February 2008
    Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report

    Price: $225.00, Subscriber Price: $157.50

    Word count: 941

    Abstract: In the recent case Monsanto Co. v. McFarling, a Court of Appeals for the Federal Circuit decision has significant implications for patent infringement damage calculations. This article describes the case’s background and explains the court’s reasoning in the case, which provides plaintiffs with additional ammunition for building a reasonable royalty claim. The decision also requires plaintiffs on both sides of patent infringement cases to look beyond “established” royalty rates at other economic factors that affect the amount to which the parties would agree in a hypothetical negotiation. Citation: Monsanto Co. v. McFarling, 488 F.3d 973 (Fed. Cir. 2007).

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  • Are you up-to-date on the AICPA’s new valuation standards?

    January / February 2008
    Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report

    Price: $225.00, Subscriber Price: $157.50

    Word count: 807

    Abstract: Last summer, the American Institute of Certified Public Accountants (AICPA) finalized Statement on Standards for Valuation Services (SSVS) No. 1, which applies to CPAs who perform business valuations in engagements accepted on or after Jan. 1, 2008. This article explains the types of engagements SSVS No. 1 covers and the extent of information a valuation analysis performed by a CPA should contain. The article notes that it’s useful for attorneys and others to become familiar with these and other professional organizations’ valuation standards to ensure their experts’ methods and conclusions meet all relevant requirements.

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  • Hope for the best, prepare for the worst – Avoiding valuation disputes in buy-sell agreements

    January / February 2008
    Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report

    Price: $225.00, Subscriber Price: $157.50

    Word count: 1210

    Abstract: If a buy-sell agreement fails to clearly spell out a valuation method to be used in the event of death, disability or divorce, the door is open for disputes. This article explains the steps to take in setting up a buy-sell agreement’s valuation provision, including selecting the appraiser and defining key terms.  (Updated 5/7/12)

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