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

Showing 1377–1389 of 1389 results

  • 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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  • For what it’s worth: Valuation in the courts – Cherry-picking trumps splitting the difference

    Winter 2008
    Newsletter: Valuation Concepts

    Price: $225.00, Subscriber Price: $157.50

    Word count: 579

    Abstract: In this issue’s “For what it’s worth: Valuation in the courts,” we discuss divorcing couples and their unresolved valuation differences. To wit, disputing parties cannot expect judges to simply split the difference and average opposing expert opinions. Rather, courts will more than likely take in the science underlying each business appraisal and then “cherry pick” the most sensible portions of each expert’s analysis. A recent Florida case demonstrates just such a scenario. Citations: Augoshe v. Lehman, (2007 Fla. App., No. 2D05-2034, August 10, 2007); Solomon v. Solomon, (861 So. 2d 1218, 1221, Fla. 2d DCA 2003).

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  • IRS cracking down on inaccurate appraisals

    Winter 2008
    Newsletter: Valuation Concepts

    Price: $225.00, Subscriber Price: $157.50

    Word count: 756

    Abstract: Although the Pension Protection Act of 2006 (PPA) may seem like old news, its repercussions are still being felt in the valuation community. Namely, the IRS is using provisions of the act to rein in abusive appraisal practices. This article tells how and why taxpayers and appraisers alike may be subject to sanctions for valuation misstatements related to noncash charitable contributions.

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  • Discounts for lack of marketability – 4 FAQs on these critical valuation adjustments

    Winter 2008
    Newsletter: Valuation Concepts

    Price: $225.00, Subscriber Price: $157.50

    Word count: 766

    Abstract: One of the most significant — and subjective — valuation adjustments is the discount for lack of marketability (DLOM). This article answers four frequently asked questions regarding this critical valuation adjustment. (Updated 11/14/12)

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  • Goodbye averages, hello analyses – Supporting FLP discounts isn’t getting any easier

    Winter 2008
    Newsletter: Valuation Concepts

    Price: $225.00, Subscriber Price: $157.50

    Word count: 1164

    Abstract: A difficult task to begin with, supporting discounts for family limited partnerships (FLPs) isn’t getting any easier. More specifically, judges are looking beyond the magnitude of discounts to examine precisely how appraisers are arriving at their opinions. This article provides some legal cases in point and goes on to explain what makes for a well-supported FLP discount. Citations: Peracchio v. Commissioner, T.C. Memo 2003-280. Berg v. Commissioner, T.C. Memo 1991-279.

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  • No more cookie-cutter FLP valuations

    January / February 2008
    Newsletter: Viewpoint on Value

    Price: $225.00, Subscriber Price: $157.50

    Word count: 475

    Abstract: Attention to detail and thorough documentation are key ingredients to preserving family limited partnership (FLP) valuation discounts. This brief article notes some of the ways valuators support these discounts and uses a case study to illustrate the need to consider state tax regulations and provide well-founded written documentation in supporting FLP valuation discounts. Citations: Estate of Helen H. Berry, No. 1485 C.D., LEXIS 182, April 24, 2007. Estate of Thompson, 382 F. 3d 367, 379, 3rd Cir. 2004.

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  • Buy-sell agreements gone bad — Plan for the unexpected with a comprehensive plan

    January / February 2008
    Newsletter: Viewpoint on Value

    Price: $225.00, Subscriber Price: $157.50

    Word count: 636

    Abstract: Buy-sell agreements are legal contracts that spell out buyout terms and provisions during key ownership changes. But inadequate agreements can create problems when owners can least afford the turmoil. This article explains some of the common valuation-related mistakes owners make when setting up buy-sell agreements, including failing to define buyout terms, using ambiguous or outdated valuation formulas, and misstating or failing to verify financial data. The article emphasizes the importance of consulting with an experienced valuation professional to ensure the agreement covers all the bases.

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  • All’s fair? Court rules on standard of value in shareholder dispute

    January / February 2008
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 577

    Abstract: The recent decision in Kim v. The Grover C. Coors Trust demonstrates the dramatic consequences that the very different definitions of fair value and fair market value can create. This article explores the issues in question and reinforces the notion that the parties to a valuation should clearly define the standard of value at the beginning of an engagement.

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  • What to expect from the new business valuation standard

    January / February 2008
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 925

    Abstract: The American Institute of Certified Public Accountants (AICPA) has issued a new valuation standard that takes effect for engagements accepted on or after Jan. 1, 2008. Statement on Standards for Valuation Services No. 1, Valuation of a Business, Business Ownership Interest, Security, or Intangible Asset applies to all AICPA members, including those who perform valuations for certain purposes — including transactions, financings and taxation. This article discusses how the new standard can affect attorneys by permitting only two types of engagement reports.

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  • A question of relevance – Calculating lost prospective profits

    January / February 2008
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 991

    Abstract: Establishing lost profits for businesses that were never actually operational can prove difficult. In Parlour Enterprises Inc. v. The Kirin Group, a California appellate court weighed in on the key factors to consider when calculating prospective profits in such cases. As this article explains, the court’s decision emphasizes the need to hire qualified valuators who can build a case with reasonable certainty by using, for example, expert testimony, financial data and market surveys.

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