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Showing 257–272 of 332 results

  • Uniloc v. Microsoft – Federal Circuit rejects “25% rule” for patent damages

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

    Price: $225.00, Subscriber Price: $157.50

    Word count: 936

    Abstract: Financial experts may use certain theoretical tools — or rules of thumb — to calculate infringement damages. But in Uniloc USA Inc. v. Microsoft Corp., the U.S. Court of Appeals for the Federal Circuit made it clear that experts should base their calculations on a case’s facts, rather than rely on abstract theoretical tools, especially those used arbitrarily. This article explains why the court decided the commonly used “25% rule” and “entire market value” rule were improper in this case. A sidebar notes that the court reaffirmed the use of the Georgia-Pacific factors to frame the question of reasonable royalties in patent infringement cases.

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  • Romano v. Steelcase – How “private” are social network posts?

    May / June 2011
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 517

    Abstract: Social networking sites such as Facebook and MySpace have become a rich source of evidence for attorneys. This article discusses one case in which a woman’s public Facebook and MySpace pages suggested that her disability claim might be fraudulent. The employer sought access to her private pages, which they believed might strengthen their case. The court addressed the plaintiff’s claims of an expectation of privacy.

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  • Valuation relief for IP headaches

    May / June 2011
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 705

    Abstract: Intellectual property (IP) is a significant source of value for many companies these days, but it can be a pain to appraise. In fact, the three most commonly applied valuation methods — market, income and cost — aren’t always effective when valuing IP. In many cases, professional valuators turn to the relief from royalty (RFR) method for these tricky assets. This article explains why the RFR method can be effective.

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  • Expert’s lost-profits opinion hits the nail on the head

    May / June 2011
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 683

    Abstract: Establishing lost-profits damages can prove difficult — especially when a case involves a new business in a volatile industry. But a recent breach of contract and fraud case suggests that solid testimony from a qualified financial expert can help attorneys make their case. This article discusses the case, in which a restaurant owner claimed lost profits due to the developer’s failure to provide promised valet parking services. The defendant disagreed with the amount of damages that were awarded, so the appeals court studied the methodology used by the plaintiff.

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  • Stop purchasing fraud in its tracks

    May / June 2011
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 857

    Abstract: Purchasing fraud is one of the most prevalent forms of occupational theft. The temptation to steal can be strong for employees with financial troubles and access to their company’s accounts. This article describes common forms of purchasing fraud, and explains how companies can detect possible fraud, and the methods that forensic accountants use to investigate possible schemes. A sidebar summarizes the findings of an Association of Certified Fraud Examiners’ survey on fraud perpetrators.

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  • Let a rebuttal expert break your valuation deadlock

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

    Price: $225.00, Subscriber Price: $157.50

    Word count: 680

    Abstract: Professional valuators use a variety of methods and inputs when appraising a business, making it easy for two experts working in good faith to reach different conclusions. In such situations, litigating parties must find a way to break the deadlock. This article discusses how a rebuttal report can help them do just that — as well as reduce overall valuation costs.

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  • Maximizing recovery from a fidelity insurance policy

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

    Price: $225.00, Subscriber Price: $157.50

    Word count: 784

    Abstract: Some companies may have fidelity insurance to protect themselves from fraud losses. Unfortunately, owning this type of policy doesn’t guarantee claim acceptance: Claimants must follow strict procedures, and claims often are contested. This article explains how fraud experts can help companies build stronger claims. Solid proof-of-loss documentation is essential and claimants must provide specific information, which is outlined in the article’s sidebar.

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  • Recent ruling provides an owner compensation primer

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

    Price: $225.00, Subscriber Price: $157.50

    Word count: 729

    Abstract: It’s not unusual for the IRS to question the compensation that closely held companies pay their owners. But a recent Tax Court decision provides a primer on the factors that often come into play in such cases. This article discusses the case, in which a company CEO appealed the IRS’s reduction of what he felt was “reasonable” compensation, and looks at the five factors the court used in its determination.

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  • When settlement proceeds are taxable

    January / February 2011
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 499

    Abstract: The Sixth Circuit Court of Appeals has affirmed a Tax Court ruling that settlement proceeds received for false imprisonment aren’t excludable from taxable income under Internal Revenue Code Section 104(a)(2). This article discusses the opinion, which offers a valuable reminder of the two-pronged test for exclusion of income.

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  • FLP update – Court sides with IRS over bona fide business arrangements

    January / February 2011
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 724

    Abstract: Family limited partnerships (FLPs) offer advantages for some taxpayers, but the IRS continues to challenge these arrangements on several theories. This article summarizes one recent case, Holman v. Commissioner. In Holman, the Eighth Circuit Court of Appeals held that, because the FLP at issue didn’t satisfy the “bona fide business arrangement” requirement, its transfer restrictions shouldn’t be considered when calculating the valuation discount for shares of the FLP.

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  • Are your clients prepared to handle a fraud disaster?

    January / February 2011
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 645

    Abstract: Few businesses have considered — let alone documented — what they’d do if they found employees embezzling funds, stealing inventory or fudging financial statements. This article looks at the importance of having a fraud contingency plan, and what such a plan entails. It also describes how forensic accountants and computer experts can preserve evidence and conduct interviews in a way that helps establish their validity in court.

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  • Be reasonable – How business compensation can affect divorce cases

    January / February 2011
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 846

    Abstract: When a divorcing spouse owns or is a partner in a closely held business, its value — particularly the amount of compensation the business provides to its owners — can play a significant role in the divorce case’s financial outcome. This article discusses the factors a professional valuator considers to determine reasonable compensation. A sidebar talks about issues that affect the credibility of expert testimony on reasonable compensation.

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  • Putting a value on human capital

    November / December 2010
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 555

    Abstract: Clients may not immediately think of employees as assets with a financial value, but human capital is a quantifiable — and critical — part of a business’s worth. Companies may need a professional valuator to quantify human capital for a variety of reasons, including litigation. This article discusses three different approaches to doing so.

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  • Rule 26 amendments – Extending greater work product protections

    November / December 2010
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 743

    Abstract: The first amendments since 1993 to the expert provisions of Federal Rules of Civil Procedure Rule 26 are scheduled to take effect Dec. 1, 2010. They were proposed largely in reaction to certain practices that critics argued reduced the effectiveness of expert work. This article explains how the new amendments extend work product protections to the discovery of testifying experts’ draft reports — with three critical exceptions.

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  • Authentication issues: Who creates ESI?

    November / December 2010
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 647

    Abstract: Like all evidence, electronically stored information (ESI) must be authenticated before a court will admit it as evidence, and one of the threshold steps is establishing its owner/creator. Because electronic documents are often passed around to others for revision, it can be difficult to pin down ESI authorship. This article summarizes an industry group’s research that could help attorneys determine whether a piece of ESI will be acceptable in court.

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  • New report highlights the importance of antifraud controls

    November / December 2010
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 773

    Abstract: Employee fraud is one of the most significant threats to profitability — and the recently released report from the Association of Certified Fraud Examiners reinforces the severity of the threat. This article looks at some of the report’s findings regarding effective antifraud controls. A sidebar explains why one of the most effective antifraud tools is the surprise audit.

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