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Showing 289–304 of 384 results
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Lost earnings: Breaking down the damages calculation process
March / April 2012
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 735
Abstract: Lost earnings can be one of the more challenging categories of damages to calculate. Just as every employee is different, so too is the combination of base earnings, benefits and other factors that an expert must consider. For this reason, damages experts generally break the process into several steps, which include considering retirement and fringe benefits and anticipating disputes.
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New model order – Federal Circuit targets e-discovery costs
March / April 2012
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 521
Abstract: The Chief Judge of the U.S. Court of Appeals for the Federal Circuit has introduced a new model order for e-discovery. This article notes that, while the order was developed specifically for patent cases, it’s possible that it could also be adapted for less complex types of litigation in the future. Among other issues, the order addresses e-mail, search terms, and privilege and work product protections, with an eye toward reducing discovery expenses.
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How data mining helps fight the war against fraud
March / April 2012
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 458
Abstract: Fraud investigators use data mining techniques to extract and analyze digital data from databases. This article describes where the information comes from and how it’s extracted. Thorough analysis is as important, if not more so, than the collection of data; therefore, investigators look for specific red flags that might indicate underlying fraud.
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Ninth Circuit delivers welcome ruling on charitable freezes
March / April 2012
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 1015
Abstract: Now is an appealing time to make large gifts, but IRS challenges to the valuation of transferred assets could result in unexpected gift taxes. However, the Ninth U.S. Circuit Court of Appeals recently favored a taxpayer who’d implemented a gifting strategy to avoid additional taxes from an IRS revaluation: the charitable freeze. This article discusses this strategy and why the court decided that the IRS erred in blocking a gift tax deduction. A sidebar talks about how the court expressly invited the U.S. Treasury Department to amend its regulations if it’s troubled by the consequences of the court’s decision.
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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.