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Showing 257–272 of 384 results
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Easterbrook confirms the “gold standard” of valuation
March / April 2013
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 537
Abstract: Many legal issues revolve around business valuation, including damages calculations in commercial litigation. In one recent case, Seventh Circuit Court of Appeals Chief Judge Frank Easterbrook turned to what he called the “gold standard of valuation” to help determine damages for plaintiffs who were deprived of their stakes in a business. This article explains what the judge, vacating the district court’s judgment, found wrong with that court’s opinion.
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What gives? Tax Court allows gift tax exclusion for FLP interests
March / April 2013
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 496
Abstract: Reversing its own recent trend, the U.S. Tax Court in a recent case held that gifts of interests in a family limited partnership (FLP) qualified for the federal annual gift tax exclusion. In three previous cases, the same court held that the exclusion didn’t apply to gifts of limited partnership interests. This article looks at the court’s reasoning.
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Brink of bankruptcy – Your client needs a financial expert now more than ever
March / April 2013
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 667
Abstract: Business bankruptcies are finally on the decline after several consecutive years of high and rising rates, but that doesn’t mean much to the thousands of companies still in financial peril. This article explains how financial professionals can help assess the severity of a financial crisis, determine whether liquidation or reorganization makes sense, and provide guidance on everything from selling assets to shareholder disputes.
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Occupational fraud – To catch a thief
March / April 2013
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 843
Abstract: In its 2012 Report to the Nations on Occupational Fraud and Abuse, the Association of Certified Fraud Examiners (ACFE) estimates that the typical organization loses 5% of its revenues to occupational fraud every year. This is just one of many numbers that are alarming, as are some of the ACFE’s other findings — such as those related to fraud perpetrators. This article examines who commits fraud, what motivates them, and how to stop them. A sidebar lists several red flags to watch for.
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Visual analytics puts fraud detection in its sights
January / February 2013
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 489
Abstract: The amount of data available to sift through for signs of fraud can be overwhelming. Fortunately, the latest data visualization tools can help fraud experts find the proverbial needle in the ever-growing haystack of potential evidence. Visual analytics has been employed by fraud experts to detect everything from money laundering and bribery schemes to financial statement, purchasing, insurance and e-commerce fraud. This article explains how experts uncover such schemes by using specialized software.
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Daubert in the courts – Despite challenge, shareholder damages expert prevails
January / February 2013
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 604
Abstract: Although the Daubert standard for expert testimony has been around for about 20 years now, many in the legal community don’t seem to understand it very well — at least that’s what a recent district court ruling in a shareholder lawsuit suggests. When the defendant company challenged the qualifications of the shareholder’s valuator on the basis of what they regarded as his deficient legal knowledge and past methodological errors, the Delaware Supreme Court said they were missing the point. This article summarizes the court’s decision
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The ultimate intangible – Valuing a trained and assembled workforce
January / February 2013
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 712
Abstract: Intangible assets — including a trained and assembled workforce — increasingly represent a significant piece of many companies’ total value. Companies may need to know the value of their human capital for financial reporting, merger, litigation and workforce reduction purposes. This article talks about how appraisers value an assembled workforce.
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Trolling for trouble – How patent aggregators complicate infringement damages
January / February 2013
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 950
Abstract: Many experts attribute the jump in patent infringement lawsuits to patent aggregators – also known as “patent trolls.” Patent aggregators differ from traditional patent holders in several important ways, and these differences can affect how patent infringement damages are calculated. This article examines the “reasonable royalties” method that patent aggregators prefer as a remedy for infringement, while a sidebar discusses proposed legislation to protect technology companies from frivolous lawsuits by aggregators.
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Mission critical: Assembling an effective forensic accounting team
November / December 2008
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 419
Abstract: As fraud schemes become more complicated and sophisticated, it’s increasingly vital to build an effective forensic accounting team to investigate incidents. This article explains why team members must be free of conflicts, why at least one member should be familiar with issues relating to potential litigation and why members must have practical — not just theoretical — experience with the matter at hand. (Updated 11/30/12)
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Inventory fraud: Is that all there is?
March / April 2008
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 942
Abstract: Inventory fraud schemes cost businesses thousands of dollars annually. But inventory fraud can lead to more than just financial losses. It can also create corporate compliance issues under the Sarbanes-Oxley Act and other laws, regulations and accounting standards. This article details the most common types of fraud schemes and how to prevent inventory fraud from happening in the first place. (Updated 11/30/12)
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Taxing breach of contract settlement proceeds
November / December 2012
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 483
Abstract: Attorneys need to understand how settlement proceeds are taxed, because taxability can have a significant impact on settlement negotiations. This article summarizes a recent IRS legal memorandum that provides some guidance on the taxability of settlement proceeds resulting from a breach of contract.
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Why now is prime time for a fraud sweep
November / December 2012
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 669
Abstract: For many companies, the end of the calendar year is an ideal time to conduct a fraud sweep with the help of a forensic accounting expert. This article discusses the kinds of documents a fraud expert will scrutinize, how employee behavior can be a tipoff to fraud and how companies can deal with suspicions.
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Gift smart – Wandry offers guidance on defined-value clauses
November / December 2012
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 694
Abstract: The U.S. Tax Court recently provided valuable guidance on using defined-value clauses in gift documents — guidance that should have significant estate planning implications. In fact, as this article notes, the court’s ruling in Wandry v. Commissioner can help taxpayers who want to transfer assets to family members before Jan. 1, 2013, when the lifetime gift tax exemption is scheduled to be reduced from $5.12 million to $1 million unless Congress acts.
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Valuation formulas – A buy-sell agreement goes to divorce court
November / December 2012
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 938
Abstract: Closely held businesses commonly rely on buy-sell agreements to facilitate liquidity and smooth ownership transitions. But the agreements also occasionally play a part in divorce proceedings. This article looks at one such case, in which a Missouri appellate court rejected a buy-sell agreement’s valuation formula as the basis for valuing the business in the divorce settlement. It shows why, depending on the jurisdiction, an enforceable buy-sell agreement should provide for an up-to-date appraisal. A sidebar lists the benefits of a properly structured buy-sell agreement.
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Copyright infringement damages – The lowdown on a complicated calculation
September / October 2008
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 823
Abstract: This article summarizes the methods CPAs use when calculating copyright infringement damages. Under the Copyright Act, copyright holders are generally entitled to recover actual damages suffered as a result of infringement. Experts must calculate lost sales from the infringer’s sales, copyright holder’s projections, diverted sales or product mix relationships and consider deductions such as the lost interest or earnings on the lost sales. (Updated 8/31/12)
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All’s fair… or not – Understand the various standards of value
July / August 2008
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 958
Abstract: The need for business valuations arises in myriad types of litigation, but valuation is seldom as simple as it might seem. The final appraisal estimate is influenced by a variety of factors, including the standard of value. This article outlines the various value standards — fair market, fair, investment and intrinsic — how they differ from one another and how professional valuators decide when to apply each. (Updated 8/31/12)