Valuation/Lit. sup./Fraud/M&A
Showing 1409–1424 of 1569 results
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For What It’s Worth: Valuation in the Courts – Recent FLP case illustrates IRS attack strategies
Spring 2009
Newsletter: Expert / Valuation & Litigation Concepts
Price: $225.00, Subscriber Price: $157.50
Word count: 578
Abstract: For attorneys, an in-depth understanding of recent case law regarding family limited partnerships (FLPs) is a prerequisite to helping clients with these estate planning vehicles. One recent case, Holman v. Commissioner, shows a few strategies the IRS may use to challenge an FLP.
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ACFE study quantifies employee fraud
Spring 2009
Newsletter: Expert / Valuation & Litigation Concepts
Price: $225.00, Subscriber Price: $157.50
Word count: 535
Abstract: The Association of Certified Fraud Examiners’ latest Report to the Nation on Occupational Fraud and Abuse estimates that U.S. organizations lost about 7% of their annual revenues — or $994 billion — to fraud in 2008. And the most costly form of fraud involves misstated financial statements. Understanding the most common types of fraud and their costs can make it easier to identify these costly schemes. This article details some of the statistics.
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What standard should be used for divorce valuations? Fair market value vs. fair value
Spring 2009
Newsletter: Expert / Valuation & Litigation Concepts
Price: $225.00, Subscriber Price: $157.50
Word count: 956
Abstract: Courts have typically applied the fair market value (FMV) standard to estimate the value of businesses in divorce proceedings. Recently, however, attorneys for nonowner spouses have been increasingly requesting the use of the fair value (FV) standard. This article looks at a variety of cases over the last couple of decades. The arguments are worth noting, as the monetary difference between FMV and FV — for both owner and nonowner spouses — can prove substantial.
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E-discovery: Avoiding inadvertent disclosure
Spring 2009
Newsletter: Expert / Valuation & Litigation Concepts
Price: $225.00, Subscriber Price: $157.50
Word count: 307
Abstract: Electronic evidence has assumed a prominent role in discovery. In turn, the massive amounts of data in such evidence have increased the risk of inadvertent disclosure of privileged materials. But savvy attorneys can use technology to screen evidence for potentially privileged materials. This short article offers tips.
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Preparing for the unexpected – Buy-sell agreements can steady businesses in uncertain times
Spring 2009
Newsletter: Expert / Valuation & Litigation Concepts
Price: $225.00, Subscriber Price: $157.50
Word count: 670
Abstract: To guard against the negative consequences that could arise from events such as the death or disability of a partner, the divorce of a family business owner, or a shareholder dispute, companies need to be prepared. A buy-sell agreement can steady a business in uncertain times, and valuation considerations play an integral role in effective agreements. This is why an appraiser is needed to address areas such as insurance coverage, buyout terms, and choosing the correct standard of value. A qualified appraiser also knows how to avoid simplistic or outdated formulas in determining the appropriate value.
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For What It’s Worth: Valuation in the Courts – Recent FLP case illustrates IRS attack strategies
Spring 2009
Newsletter: Valuation Concepts
Price: $225.00, Subscriber Price: $157.50
Word count: 623
Abstract: For attorneys, an in-depth understanding of recent case law regarding family limited partnerships (FLPs) is a prerequisite to helping clients with these estate planning vehicles. One recent case, Holman v. Commissioner, shows a few strategies the IRS may use to challenge an FLP.
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ACFE study quantifies employee fraud
Spring 2009
Newsletter: Valuation Concepts
Price: $225.00, Subscriber Price: $157.50
Word count: 607
Abstract: The Association of Certified Fraud Examiners’ latest Report to the Nation on Occupational Fraud and Abuse estimates that U.S. organizations lost about 7% of their annual revenues — or $994 billion — to fraud in 2008. And the most costly form of fraud involves misstated financial statements. Understanding the most common types of fraud and their costs can make it easier to identify these costly schemes. This article details some of the statistics.
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What standard should be used for divorce valuations? – Fair market value vs. fair value
Spring 2009
Newsletter: Valuation Concepts
Price: $225.00, Subscriber Price: $157.50
Word count: 1031
Abstract: Courts have typically applied the fair market value (FMV) standard to estimate the value of businesses in divorce proceedings. Recently, however, attorneys for nonowner spouses have been increasingly requesting the use of the fair value (FV) standard. This article looks at a variety of cases over the last couple of decades. The arguments are worth noting, as the monetary difference between FMV and FV — for both owner and nonowner spouses — can prove substantial.
-
E-discovery: Avoiding inadvertent disclosure
Spring 2009
Newsletter: Valuation Concepts
Price: $225.00, Subscriber Price: $157.50
Word count: 355
Abstract: Electronic evidence has assumed a prominent role in discovery. In turn, the massive amounts of data in such evidence have increased the risk of inadvertent disclosure of privileged materials. But savvy attorneys can use technology to screen evidence for potentially privileged materials. This short article offers tips.
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Preparing for the unexpected – Buy-sell agreements can steady businesses in uncertain times
Spring 2009
Newsletter: Valuation Concepts
Price: $225.00, Subscriber Price: $157.50
Word count: 768
Abstract: To guard against the negative consequences that could arise from events such as the death or disability of a partner, the divorce of a family business owner, or a shareholder dispute, companies need to be prepared. A buy-sell agreement can steady a business in uncertain times, and valuation considerations play an integral role in effective agreements. This is why an appraiser is needed to address areas such as insurance coverage, buyout terms, and choosing the correct standard of value. A qualified appraiser also knows how to avoid simplistic or outdated formulas in determining the appropriate value.
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Valuations should assume reasonably prudent management
March / April 2009
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 503
Abstract: This brief article discusses a recent case that held that a going-concern valuation should assume a business will be managed reasonably prudently going forward, regardless of how poorly it may have been run in the past. Case citation: Cox Enterprises Inc., v. News-Journal Corporation, No. 06-16190 (11th Cir. 12/21/2007).
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Constructing a claim for lost productivity damages
March / April 2009
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 671
Abstract: Quantifying the cost of lost productivity when a construction project is disrupted through no fault of the contractor is a difficult challenge. An unanticipated disruption of the project typically causes the contractor to work less efficiently, which can lead to additional labor, equipment and material costs. This article explains that appraisers can use several methods when quantifying lost productivity damages, depending on the particular job’s facts and circumstances. The article also notes that lawyers and damages experts need to work together closely to establish lost productivity and measure it appropriately.
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Are valuations recyclable?
March / April 2009
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 896
Abstract: The paper a valuation report is printed on may be recyclable, but in most cases the content is not. This article points out that recycling valuations poses two major problems: First, the value of a business or other asset can change dramatically over time — in some cases, overnight. Second, a valuator’s methods depend to a large extent on the valuation’s purpose. The article discusses the problems that can ensue when business owners are tempted to stretch their valuation dollars by using a single valuation for several different purposes.
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Measuring the intangible – Valuation issues in health care transactions
March / April 2009
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 1305
Abstract: In the highly complex and heavily regulated world of health care, business valuations can be particularly challenging. This article looks at a recent U.S. Tax Court decision, Derby v. Commissioner, that illustrates this point. The case involved the sale of a medical group to a not-for-profit health care organization. The group claimed charitable tax deductions resulting from the transaction but the Tax Court denied the deductions, concluding that the physicians were unable to show that the value of what they received was less than the value of what they transferred. The article discusses the ins and outs of the case, noting that the court’s decision demonstrates that valuation in the context of a health care transaction requires a valuator to look at intangible benefits and other relevant terms of the deal. Case citation: Derby v. Commissioner, (T.C. Memo 2008-45).
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How to evaluate a distressed business
March / April 2009
Newsletter: Viewpoint on Value
Price: $225.00, Subscriber Price: $157.50
Word count: 381
Abstract: The tumultuous economy has taken its toll on many private businesses. Weaker companies may be liquidating assets to generate cash flow or even filing for bankruptcy, offering opportunities to stronger players. This brief article notes that even in these cases acquisition due diligence is extremely important to help potential buyers realistically assess the distressed business’s value.
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Valuing options: Are you up for the challenge?
March / April 2009
Newsletter: Viewpoint on Value
Price: $225.00, Subscriber Price: $157.50
Word count: 668
Abstract: Employee stock options (ESOs) can be an effective way for companies to attract and retain key employees and are popular among startups and technology firms, which tend to be cash-poor but offer significant growth potential. But accounting for ESOs became more complicated when the Financial Accounting Standards Board (FASB) issued Statement of Financial Accounting Standards No. 123(R), which eliminated the intrinsic method of reporting ESOs. This article explains that now companies must use the fair value method, requiring ESO issuers to enlist valuation expertise.