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Advocate’s Edge

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  • Rochkind v. Stevenson – Maryland gets on board with Daubert

    September / October 2021
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 451

    Abstract: Maryland’s highest court has belatedly joined the majority of jurisdictions in the United States in adopting the 1993 Daubert test for determining the admissibility of expert scientific testimony. This article explains why the court decided to abandon the state’s former “two-channel” approach in favor of a broader 10-factor approach. Rochkind v. Stevenson, No. 24-C-11-008722 (Md. Aug. 28, 2020). Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993). Frye v. United States, 293 F. 1013 (D.C. Cir 1923). Reed v. State, 283 Md. 374, 381 (1978).

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  • Using the statement of cash flows to spot fraud

    September / October 2021
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 573

    Abstract: Fraud studies show that cash is the most frequently stolen business asset. The statement of cash flows shows how cash changed during the year. This article explains how cash from operations can be analyzed to help detect fraud and financial misstatement scams.

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  • How to value a business in an uncertain marketplace

    September / October 2021
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 673

    Abstract: The COVID-19 pandemic has dramatically altered the business world, forcing valuation experts to rethink some of their forecasting models and methods. This article explains how experts approach business valuation assignments differently in today’s volatile marketplace.

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  • Do your clients understand the tax treatment of their settlements?

    September / October 2021
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 856

    Abstract: A client’s elation over receiving a healthy settlement amount can quickly turn sour when the tax implications are revealed. This article summarizes two recent rulings from the U.S. Tax Court that serve as valuable reminders that “gross income” is defined broadly, while statutory exclusions, including those for damages, are narrowly construed. A sidebar explains the return of capital exclusion. Stassi v. Commissioner, No. 2021-5 (Tax Ct., Feb. 8, 2021). Blum v. Commissioner, No. 2021-18 (Tax Ct., Feb. 18, 2021).

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  • Court explains “built-in” apportionment in royalty calculation

    July / August 2021
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 406

    Abstract: The Federal Circuit Court of Appeals affirmed a massive damages award based on reasonable royalties in a recent patent infringement case. This article summarizes why the court dismissed the need to apportion damages among infringing and noninfringing components in the accused invention. Vectura Ltd. v. GlaxoSmithKline LLC, No. 2020-1054 (Fed. Cir., Nov. 19, 2020).

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  • Tax issues to consider in divorce settlements

    July / August 2021
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 554

    Abstract: When settling a marital estate, it’s important to consider federal tax issues — especially as tax laws are expected to generally become less favorable with the change of administration. This article highlights the tax implications of transferring marital assets between spouses when a divorce is settled and beyond.

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  • Forensic accounting investigations – Expertise is critical when conducting interviews

    July / August 2021
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 733

    Abstract: During fraud investigations, interviews of witnesses and suspects are used to gather information. Care should be taken when interviewing company personnel and gathering other evidence to protect the chain of custody and ensure that the findings can be admitted in a legal proceeding. This article discusses the types of questions forensic experts ask, the process of interviewing witnesses and suspects, and behavioral red flags of deception.

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  • Raley v. Brinkman – Should pass-through earnings be tax affected?

    July / August 2021
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 809

    Abstract: The Tennessee Court of Appeals recently weighed in on the ongoing debate over whether a pass-through entity’s projected future income should be reduced for hypothetical corporate income taxes when valuing the business. This article explains why the court found that so-called “tax affecting” was appropriate in this buyout case. Raley v. Brinkman, No. 2018-02002 (Tenn. App., July 30, 2020). Delaware Open MRI Radiology Associates v. Kessler, 898 A.2d 290 (Del. Ct. Ch., 2006). Estate of Jones, TC Memo 2019-101, August 19, 2019.

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  • Warning: Ambiguous support provisions can prolong divorce cases

    May / June 2021
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 429

    Abstract: Ideally, a separation agreement brings divorce litigation to a definitive resolution. But poorly drafted agreements can lead to multiple rounds of litigation. This article summarizes a recent Connecticut divorce case in which conflicting definitions of “pretax income from employment” in a couple’s settlement agreement led to 13 years of court battles. Marshall v. Marshall, No. 41216 (Conn. App., Oct. 6, 2020).

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  • Estimating impairment in the COVID-19 era

    May / June 2021
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 605

    Abstract: The pandemic may have triggered an impairment test for some companies — even private ones that have opted to amortize goodwill under GAAP. Impairment charges reduce the value of acquired goodwill and lower profits for accounting purposes, which could signal a red flag to investors and lenders. This article explains what factors into the equation and why a business valuation professional is needed to make this accounting estimate.

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  • Close-up on kickbacks and corruption

    May / June 2021
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 562

    Abstract: White collar crime is typically associated with asset theft and financial statement fraud. But more than 40% of fraud cases involve corruption, such as kickbacks, bid rigging, conflicts of interest and extortion, according to a recent study. This article highlights kickbacks and other types of corruption schemes, including ways to identify and prevent them.

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  • Magarik v. Kraus USA, Inc. – Bad assumptions sink expert’s plumbing business valuation

    May / June 2021
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 839

    Abstract: Courts expect valuation experts to base their analyses on sound data and realistic assumptions. If they fail to do so, courts may disregard all or part of their conclusions. This article summarizes a recent statutory appraisal case from New York that highlights the importance of using reliable inputs when valuing a business. A sidebar explains why courts usually prefer objective, market-based valuation inputs over internally generated assumptions. Magarik v. Kraus USA, Inc., No. 606128-15 (Sup. Ct., Nassau Cty., April 28, 2020).

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  • Gavrilides Mgmt. Co. v. Michigan Insurance Co. – Court dismisses COVID-19 business interruption claim

    March / April 2021
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 423

    Abstract: During the COVID-19 pandemic, governmental authorities have ordered many nonessential businesses to temporarily shut down. Hundreds of businesses have filed claims under their business interruption coverage, claims that insurers generally have denied. This article summarizes a ruling in one of the first such cases to go to court, which has given insurers confidence that their denials will stand. Gavrilides Mgmt. Co. v. Michigan Insurance Co., No. 20-258CB (Ingham Cty., Mich. July 1, 2020)

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  • Cryptocurrency and divorce: Getting your client’s money’s worth

    March / April 2021
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 533

    Abstract: More than a decade after Bitcoin launched, cryptocurrency has become mainstream and, therefore, relevant when it comes to property division in divorce. This form of currency can carry a high value, but it’s also more easily hidden than more traditional assets. This article explains how cryptocurrency works and how divorce attorneys can help their clients identify hidden cryptocurrency assets.

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  • Plan for the future – Balancing business succession and estate planning

    March / April 2021
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 695

    Abstract: A challenge presented by family businesses is that the older and younger generations may have conflicting objectives and financial needs. This article highlights strategies that can separate ownership and management succession, as well as generate cash flow for the owner while minimizing the burden on the next generation.

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  • Fraud in the family business

    March / April 2021
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 864

    Abstract: Financial statement auditors typically assess the risk of fraud as higher for family businesses than for nonfamily businesses. This article explains why and suggests ways to help reduce that risk. It also addresses how the COVID-19 pandemic increases the risk that family businesses will fall victim to fraud and financial misstatement schemes.

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