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Showing 225–240 of 384 results
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Tax issues may make dividing a CRT difficult
July / August 2014
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 397
Abstract: When dividing assets in divorce, charitable remainder trusts (CRTs) usually are split 50-50 into two separate trusts. Tax issues, however, can make such divisions trickier than they might first appear. This article explains the tax implications of two types of “split-interest” trusts: charitable remainder annuity trusts (CRATs) and charitable remainder unitrusts (CRUTs). It also discusses whether divorcing spouses might be disqualified persons with respect to their original trust.
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Standards of value: A cheat sheet
July / August 2014
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 593
Abstract: Attorneys aren’t expected to be valuation experts, but a basic understanding of the various standards of value enables them to work more effectively with their appraisers — and better serve their clients. This article describes four kinds of value: “fair,” “fair market,” “investment” and “intrinsic.”
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Following the paper trail – How financial statements reveal corporate fraud
July / August 2014
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 622
Abstract: Corporate fraud often is concealed when a company intentionally misrepresents material information in its financial reports. This article discusses different types of misrepresentations that can result from the misapplication of accounting principles, overly aggressive estimates of figures and material omissions. It also covers how CPAs can uncover manipulation that might not be apparent to the untrained eye.
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When is a Daubert challenge justified? Court strikes testimony in patent case
July / August 2014
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 955
Abstract: The percentage of successful Daubert challenges to damages in patent cases might be small, but this article looks at one case in which the challenge was deemed appropriate because the patent expert’s reasonable royalty testimony was neither reliable nor tied to the facts. A sidebar discusses a case which demonstrated the limits of district courts’ “gatekeeper” role in admitting and evaluating the reliability of expert testimony.
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Daubert challenges: Is your financial expert vulnerable?
May / June 2014
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 435
Abstract: The U.S. Supreme Court’s 1999 opinion in Kumho Tire Co. v. Carmichael made clear that the Daubert criteria for admissibility of expert testimony applies to all types of experts — including financial witnesses. In the years since Kumho, PricewaterhouseCoopers has regularly examined written opinions that address Daubert challenges. This article looks at its latest report, which can help plaintiffs and defendants choose expert witnesses.
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Valuing a professional practice – Court prefers excess earnings method in divorce case
May / June 2014
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 616
Abstract: Experts on opposing sides commonly rely on different methods when valuing a business. But that doesn’t mean all methods are equally valid. The particular circumstances — including the type of litigation and kind of business — may dictate that one method is preferable to the other. This article discusses one divorce case in which the court found that the excess earnings method was superior to the price-to-revenue method in valuing a dental practice.
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Have faith – Trusting fraud experts with your fidelity insurance claims
May / June 2014
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 646
Abstract: When businesses pursue civil actions against occupational fraud perpetrators, they generally settle the case or receive favorable verdicts — but they rarely recover the full amounts of their losses. Fidelity insurance is designed to help bridge that gap. Unfortunately, as this article explains, proving larceny or embezzlement losses to an insurer can be challenging. A forensic accountant can help companies meet insurers’ exacting requirements.
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Weak buy-sell agreement leads to lengthy litigation
May / June 2014
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 761
Abstract: Closely held businesses often rely on buy-sell agreements to ensure a smooth transition when an owner exits the company. But the agreement also needs to provide a clear method for valuing the shares for repurchase. This article describes a court case that resulted when a buy-sell agreement didn’t include the value for company stock shares and the two parties couldn’t subsequently agree on a valuation method. A sidebar explains why using valuation formulas in a buy-sell agreement can be problematic.
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Goodwill Registry provides key comparables in divorce case
March / April 2014
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 419
Abstract: Should valuations of professional practices such as law firms and medical practices include an amount for goodwill? This question continues to pop up in divorce cases. This article looks at one such case that highlighted a tool that is often used to assist in valuing goodwill: the Goodwill Registry, which many valuators use as a “sanity check” for goodwill numbers calculated using other methods.
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Price erosion theory supports patent infringement award
March / April 2014
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 599
Abstract: Calculating patent infringement damages for lost profits or reasonable royalties is almost always complicated, especially when it involves the theory of price erosion. Although price erosion can be difficult to establish, it can lead to significant damages awards — as the defendants learned the hard way in a case involving high-efficiency power converter systems. This article explains why the appeals court concluded that there was sufficient evidence for the jury to have accepted the plaintiff’s pricing estimate.
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When fraud distorts value – Appraisers adjust statements and assist attorneys
March / April 2014
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 687
Abstract: Among the many negative consequences of occupational fraud, one is rarely mentioned: how fraud affects a company’s value. Schemes involving asset misappropriation, corruption and financial misstatements can distort value. To ensure realistic value conclusions, professional appraisers must adjust financial statements when the existence of fraud is known. This article explains how they go about it.
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Fairness opinions: Don’t close a transaction without one
March / April 2014
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 755
Abstract: In a fairness opinion, a qualified professional confirms that the terms of a proposed transaction are “fair” from a financial perspective. These opinions can facilitate transactions, reduce the odds of disputes among the parties and provide legal protection in the event of litigation. This article discusses who should offer fairness opinions and the variety of transactions in which they can benefit both buyers and sellers. A sidebar describes the analyses used in an opinion that are similar to three common valuation methodologies.
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Extraordinary circumstances: DLOM allowed in forced buyout
January / February 2014
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 455
Abstract: When closely held businesses are appraised, professional valuators often apply a discount for lack of marketability (DLOM). However, in forced-buyout situations, DLOMs are generally only applied under extraordinary circumstances. This article discusses an unpublished shareholder oppression case in which the court found that such circumstances did indeed exist.
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What prevents an equitable divorce?
January / February 2014
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 659
Abstract: In divorce cases, courts try to split assets equitably between the spouses. But the parties sometimes make a court’s job difficult by hiding assets or even by performing their own valuations. This article explains why hiring an experienced financial expert to accurately appraise assets is the key to a fair settlement. Such experts often have forensic accounting backgrounds and know how to use sophisticated methods to value assets, particularly businesses.
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Patent infringement damages – Court tosses expert’s reasonable royalty testimony
January / February 2014
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 802
Abstract: Calculating damages in patent infringement cases continues to pose a challenge, with expert testimony on the matter coming under heavy Daubert scrutiny. This article looks at one case in which the judge excluded most of an expert’s proposed damages testimony — despite finding her “highly qualified” and competent to estimate reasonable royalties. A sidebar explains why the judge admonished the expert for failing to consult sufficiently qualified experts.
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Diagnosing health care fraud – What employers need to know
January / February 2014
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 596
Abstract: With so much money running through the health care system, it’s no surprise that some medical providers are practicing fraud. This article discusses five types of fraud to which public and private health insurers, including self-insured employers, are vulnerable. These involve various forms of misrepresentations of services rendered. The article also lists red flags that might signal fraud.