Valuation/Lit. sup./Fraud/M&A
Showing 1361–1376 of 1569 results
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Broke… or dishonest? Uncovering alter ego companies
September / October 2009
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 672
Abstract: Most companies filing for bankruptcy accurately represent their assets. But a small percentage of filers that claim to have little or nothing to offer creditors aren’t being honest. Instead, they’ve diverted resources to an alter ego company or are hiding their connection to a much healthier corporate parent. Uncovering and proving this type of fraud can be difficult, but there are a variety of red flags that enable forensic accounting experts to expose such schemes. Conversely, forensic experts can help defendants prove that any alter ego accusations are unfounded.
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Pellom v. Pellom – When little things mean a lot
September / October 2009
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 745
Abstract: When one couple decided to divorce, the husband wasn’t happy when the court accepted his wife’s expert’s valuation of his share in an anesthesiology practice at $1.2 million. His own expert had arrived at a figure of $183,000. On appeal, the husband raised several technical objections, which were ultimately rejected. It appears the primary reason for the discrepancy between the two experts’ valuations was the husband’s expert’s failure to account for the practice’s goodwill.
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By the book – How fraud investigations are conducted
September / October 2009
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 866
Abstract: When a company suffers fraud, it needs the assistance of a fraud expert to find the perpetrator and collect evidence. A recent guide, published jointly by several industry associations, outlines the approach a qualified expert will take to execute a fraud investigation. After determining the appropriate process for the matter at hand, the expert will move the investigation through three stages: interviews, evidence collection, and evidence analysis. This article also describes corrective steps that can be taken before or after an investigation is complete, while a sidebar discusses factors that may influence a specific investigation’s plan.
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Ask the Advisor – Q. How should I juggle my succession plans with a possible merger?
August / September 2009
Newsletter: Merger & Acquisition Focus
Price: $225.00, Subscriber Price: $157.50
Word count: 502
Abstract: Succession can be difficult for any business, whether a founding owner is ceding power to the next generation or a company has unexpectedly lost its CEO. Add the many stresses of an M&A and the situation becomes even more challenging. The best strategy is to take the issues one at a time and resolve a company’s succession issues before considering a merger. This column explains how businesses might devise a plan, put it in writing and communicate it to stakeholders.
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Take your public company out of the public eye
August / September 2009
Newsletter: Merger & Acquisition Focus
Price: $225.00, Subscriber Price: $157.50
Word count: 756
Abstract: As the economy continues to struggle and financial markets roil, many public companies can expect their stock prices to be extremely volatile, unsettling shareholders and making long-term strategic planning virtually impossible. Now might be a good time to consider getting off the rollercoaster by going private. This article discusses a number of pros and cons, along with options public companies might pursue if they decide to go private.
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Buyer’s market – What a changing M&A landscape means
August / September 2009
Newsletter: Merger & Acquisition Focus
Price: $225.00, Subscriber Price: $157.50
Word count: 793
Abstract: In the earlier part of this decade, business sellers enjoyed an advantage over buyers. That’s not the case today. M&A activity has dried up across the board, and some sellers may have trouble attracting even one reasonable bid. Companies hoping to sell or buy in the near future need to understand how the M&A landscape has changed in the past few years. There are a number of steps that both buyers and sellers should consider to successfully complete an M&A transaction.
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Dealing with debt – Manage your company’s liabilities before you try to sell
August / September 2009
Newsletter: Merger & Acquisition Focus
Price: $225.00, Subscriber Price: $157.50
Word count: 906
Abstract: Given the current economic environment, prospective business buyers generally are wary of assuming additional debt when making an acquisition. So sellers must address the issue of debt — both the amount of debt on their balance sheets and the nature and terms of this liability. This article lists several solutions that may be available for improving a company’s debt profile, depending on its circumstances. A sidebar points out that buyers, too, must watch their balance sheets.
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For What It’s Worth: Valuation in the Courts – FAMILY’s FLP foibles serve as a cautionary tale
Summer 2009
Newsletter: Expert / Valuation & Litigation Concepts
Price: $225.00, Subscriber Price: $157.50
Word count: 436
Abstract: If there’s a silver lining to a gloomy economy, it may be the estate planning opportunities that arise. Currently, many wealthy individuals are creating family limited partnerships (FLPs) to take advantage of lower market values and slowed transaction activity. But they must be structured carefully to avoid IRS challenge, as one family found out in Estate of Thelma G. Hurford v. Commissioner.
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4 keys to authenticating electronically stored information
Summer 2009
Newsletter: Expert / Valuation & Litigation Concepts
Price: $225.00, Subscriber Price: $157.50
Word count: 427
Abstract: Electronically stored information (ESI) plays a prominent role in today’s litigation but, like any evidence, it must meet the authentication threshold before it will be admitted at trial. Qualified experts can apply many techno¬logical tools to establish the authenticity of ESI. It’s important, however, to understand the limits of such tools, whether arguing for or against the authenticity. This article provides an overview of four tools that can prove critical to ESI authentication.
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Valuation methodology – The market approach proves informative, challenging
Summer 2009
Newsletter: Expert / Valuation & Litigation Concepts
Price: $225.00, Subscriber Price: $157.50
Word count: 709
Abstract: When helping to take a business to market (or helping someone buy a business), appraisers often employ the market approach. Unlike the other two primary valuation methods, the income and asset approaches, the market approach looks to similar businesses to estimate a company’s fair market value. This article reviews the market approach as well as two variations on it, the transaction method and the guideline public company method.
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When prevention fails – Jointly published guide details fraud detection techniques
Summer 2009
Newsletter: Expert / Valuation & Litigation Concepts
Price: $225.00, Subscriber Price: $157.50
Word count: 960
Abstract: No organization can ever completely eliminate the risk of fraud in its business — even when preventive measures have been put in place — which makes timely detection crucial. Managing the Business Risk of Fraud: A Practical Guide, jointly published by several industry associations, offers valuable information on the detection techniques a fraud expert might employ. This article discusses some of those techniques, such as whistleblower hotlines, process controls, documentation methods and several proactive measures. A sidebar lists 10 criteria for evaluating fraud detection techniques.
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Estate wins the discount war
July / August 2009
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 623
Abstract: In Estate of Litchfield v. Commissioner, the Tax Court generally accepted the estate’s proposed valuation discounts because the estate’s expert’s methods were more precise and relied on more recent, company-specific data. The article and an accompanying chart show the differences between the estate’s and the IRS’s discounts and why the court sided mostly with the estate.
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In valuation, timing is everything
July / August 2009
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 476
Abstract: The valuation date can have an enormous impact on value, particularly for assets such as stock, whose valuations can fluctuate dramatically, literally overnight. Learn how the valuation date is especially important in estate planning, divorce settlements, and shareholder litigation.
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Nonqualified deferred compensation – Independent appraisals offer protection against 409A challenge
July / August 2009
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 1174
Abstract: Businesses that provide employees with stock options, stock appreciation rights (SARs) and other types of nonqualified deferred compensation have been subject to Internal Revenue Code Section 409A for years. As you can imagine, compliance is particularly challenging in the current economic environment. To avoid Sec. 409A problems, options and SARs must be issued at or above fair market value, so accurate valuations are critical. It’s important to know what Sec. 409A requires and how to establish fair market value. Three “presumptive” valuation methods are discussed.
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Damage control – Surviving a business interruption
July / August 2009
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 1175
Abstract: Whether it’s minor, such as a lightning strike that shuts down production for a day, or major, such as a lengthy labor strike, a business interruption not only reduces income, but also simultaneously creates new expenses. The key to surviving a business interruption is to restore normal operations as quickly as possible. Insurance plays a critical role. This article explains business interruption insurance, how to file a claim, what to do to mitigate loss, and how to establish a loss period. A sidebar addresses scope-of-coverage issues.
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For What It’s Worth: Valuation in the Courts – FAMILY’s FLP foibles serve as a cautionary tale
Summer 2009
Newsletter: Valuation Concepts
Price: $225.00, Subscriber Price: $157.50
Word count: 500
Abstract: If there’s a silver lining to a gloomy economy, it may be the estate planning opportunities that arise. Currently, many wealthy individuals are creating family limited partnerships (FLPs) to take advantage of lower market values and slowed transaction activity. But they must be structured carefully to avoid IRS challenge, as one family found out in Estate of Thelma G. Hurford v. Commissioner.