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Showing 241–256 of 332 results

  • Power of three – Court endorses triangular valuation approach

    January / February 2012
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 648

    Abstract: This article discusses a recent Tax Court case. After a company announced a recapitalization agreement, a shareholder filed suit, alleging that the agreement significantly undervalued the company and therefore improperly transferred wealth and voting power from its minority shareholders to its primary debt holder. The plaintiff’s expert arrived at an exceptionally high value using only the discounted cash flow method. But the court rejected this approach, placing greater credence on the defense’s use of multiple valuation techniques.

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  • Do your clients know the facts about fraud?

    January / February 2012
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 671

    Abstract: This article summarizes findings of the Association of Certified Fraud Examiners’ (ACFE’s) 2014 survey of fraud experts, including the amount of losses and types of fraud that present the biggest challenges to specific kinds of businesses. It encourages attorneys to share the facts about fraud with their clients.

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  • IRS easing restrictions on innocent spouse relief

    January / February 2012
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 500

    Abstract: Years after a divorce decree has been signed and entered, an innocent former spouse could end up on the hook for the misstatement of taxes on a couple’s joint tax return. In such a case, the nonresponsible spouse must request innocent spouse relief from the IRS. This article explains that the IRS time limit on certain relief requests was recently expanded, and many spouses — divorced or not — who previously were denied relief because of the limit may now qualify.

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  • E-discovery pilot program – Survey suggests Seventh Circuit is on the right track

    January / February 2012
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 805

    Abstract: Almost three years ago, the Seventh Circuit Court of Appeals launched its multiphase Electronic Discovery Pilot Program. The program is intended to develop, evaluate and improve pretrial litigation procedures that ensure fairness and justice for all parties while reducing the rising cost and burden of electronic discovery. This article looks at the principles of the program and the findings thus far.

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  • Hunting for treasure in hidden assets

    November / December 2011
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 649

    Abstract: In a variety of litigation contexts — such as fraud investigations, shareholder disputes, divorce and business valuation — forensic accountants use several techniques to uncover and demonstrate the existence of assets. This article summarizes two important methods: performing net worth analysis and reviewing tax returns.

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  • Estate divided: Tax Court rejects fractional ownership claim

    November / December 2011
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 508

    Abstract: Does the mere execution of grant deeds transferring undivided interests in property create fractional interests? No, according to the U.S. Tax Court. This article looks at a case in which the decedent had executed a grant deed transferring undivided one-fifth interests in land to each of his five children as tenants-in-common. But, because he retained a life interest in the property by retaining control of it, the ownership wasn’t split until his death. This meant that the entire value of the property was includible in the gross estate.

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  • After Kumho – Financial experts continue to face admissibility challenges

    November / December 2011
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 829

    Abstract: In 1999, the U.S. Supreme Court’s decision in Kumho Tire Co. v. Carmichael clarified that the Daubert criteria for admissibility of expert testimony applies to all types of experts. This article discusses a recent PricewaterhouseCoopers (PwC) study that sheds light on some of the factors that determine the admissibility of expert testimony. A sidebar talks about correlations the study found between the frequency of challenges and whether the expert served the defendant or the plaintiff.

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  • TRIM command poised to change computer forensics as we know it

    November / December 2011
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 736

    Abstract: Over the past decade, attorneys have come to recognize the valuable role computer forensics play in recovering key financial information from hard drives. But the increasing availability of the TRIM command in computer operating systems is poised to dramatically reshape the field of computer forensics. This article explains how the command purges data completely, so that not even remnants are left behind for experts to subsequently dig up and reassemble. But there are also ways to work around TRIM.

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  • Attorney-client privilege – Are e-mails on company computers protected?

    March / April 2011
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 458

    Abstract: In an era when employers regularly provide employees with electronic communication equipment, questions often arise about employees’ expectations of privacy. This article examines one employment discrimination case, in which a court considered whether e-mails that the employee had sent her attorney using an employer-owned laptop were protected by attorney-client privilege.

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  • Economic damages – The choice between lost profits and lost business value

    September / October 2011
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 744

    Abstract: Arriving at a damages award for a plaintiff’s loss of economic benefits may involve calculating lost profits, lost business value and, in some cases, both. But, as this article notes, the distinction between lost profits and lost value can be confusing. Attorneys need to understand the difference and when each method might apply so their clients don’t accidentally “double dip” when calculating damages.

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  • Calculation vs. valuation: A critical difference

    September / October 2011
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 496

    Abstract: Attorneys and their clients sometimes ask professional valuators to provide preliminary estimates — called “calculations” — rather than full-fledged business appraisals. Such requests might save money up front, but this article discusses a recent Iowa case that illustrates why calculations are no substitute for valuations.

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  • 6 principles for better database management

    September / October 2011
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 699

    Abstract: As more and more organizations store information in searchable databases, disputes over the discovery of that data have become increasingly common in civil litigation. This article notes that, in response, the Sedona Conference — an influential think tank of leading jurists, lawyers, experts and consultants — has developed six principles to simplify discovery of database information and clarify the obligations of both requesting and producing parties.

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  • Fraud experts “like” social media evidence — with good reason

    September / October 2011
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 848

    Abstract: Thanks to the surging popularity of social networking media, investigators can now tap into a wealth of potential evidence that was nearly impossible to find only a few years ago. This article discusses the fact that many people are posting incriminating material online, and summarizes the regulatory limitations that apply when it comes to obtaining evidence from social media. A sidebar looks at the use of “social network analysis” (SNA) to detect sophisticated fraud schemes.

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  • Punitive damages – Are you asking the right questions?

    July / August 2011
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 687

    Abstract: Although the U.S. Supreme Court has suggested that there may be constitutional limits on the size of punitive damages awards, an appropriate award generally depends on the defendant’s financial condition. Professional damages experts can help lawyers ask the right questions and present information in court that will bolster their case. This article shows how the plaintiff’s or defendant’s counsel can address issues such as who specifically is responsible for the alleged wrongdoing, how they profited from it, and their ability to pay.

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  • Spotting deception in fraud interviews

    July / August 2011
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 517

    Abstract: Even employees innocent of occupational theft may be less than honest during fraud interviews. Fortunately, experienced fraud investigators are skilled at spotting deception in perpetrators and bystanders alike. This article describes how investigators discern the verbal and nonverbal cues that can indicate who may know of fraud — whether committed by themselves or someone else.

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  • ESI preservation guidelines can help your clients avoid sanctions

    July / August 2011
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 589

    Abstract: The quantity and numerous sources and formats of electronically stored information (ESI) can make satisfying the duty of preservation difficult. The Delaware Court of Chancery has attempted to address the problem by releasing some guidelines on ESI preservation. This article discusses some of these guidelines, which can help U.S. companies incorporated in Delaware avoid sanctions.

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