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Showing 97–112 of 384 results
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Calculating damages for intangibles
November / December 2019
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 414
Abstract: Financial experts need some predictable building blocks to construct a reliable estimate of lost profits or reasonable royalties in cases involving intangible assets. This article highlights the types of evidence and analysis that may be needed to support an estimate of damages in breach of contract, infringement and other tort claims.
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When good employees go bad – Preventing and detecting employee cyberattacks
November / December 2019
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 588
Abstract: Dishonest workers can initiate a cyberattack by stealing valuable information from a company’s computer network and using it for personal gain. This article explains how these crimes work, what motivates some employees to steal and ways companies can prevent and detect cyberattacks.
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Risky business – FAQs about the cost of capital
November / December 2019
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 663
Abstract: Under the income approach to valuing a private business interest, an expert discounts the subject company’s future earnings using a rate of return that’s based on the risk of the investment. This article answers common questions that arise when evaluating the discount rate, which is also known as the “cost of capital.”
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How control and marketability affect the value of minority interests
November / December 2019
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 842
Abstract: Discounts for lack of control and lack of marketability rank among the most contentious issues when valuing a minority interest in a privately held company. This article explains these discounts and the evidence that’s used to quantify them. A sidebar describes another discount that may apply to businesses with appreciated assets: the built-in gains discount.
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Kress v. United States – Federal court and the IRS approve tax affecting for S corporation
September / October 2019
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 465
Abstract: For decades, the IRS has taken the position that pass-through entities possess valuable tax advantages. And the U.S. Tax Court has agreed, routinely ruling that the earnings of pass-throughs should not be tax affected. This article summarizes a recent federal district court ruling that accepted a valuation report in which the earnings of an S corporation business were tax affected as if it were a regular C corporation. The court also rejected the application of an S corporation premium. Kress v. United States, 2019 WL 1352944, U.S. District Court, E.D. Wisconsin, Case No. 16-C-795, March 26, 2019
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Look beyond deal price in statutory appraisals
September / October 2019
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 565
Abstract: Statutory appraisals in dissenters’ actions are typically based on either the deal price or the company’s unaffected market value as a going concern. This article summarizes a recent Colorado Court of Appeals case that affirmed a decision to consider more than just deal price when determining the fair value of a minority shareholder’s interest. Crocker v. Greater Colorado Anesthesia, P.C., 2018 Colo. App. 33, 2018 WL 1247618, Mar. 8, 2018
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What’s the value of a noncompete?
September / October 2019
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 663
Abstract: Noncompete agreements can be valuable to a business. They help retain key employees, safeguard inside information and prevent unfair competition. This article explains how financial experts value noncompetes and why it’s important in M&A and beyond.
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Spotlight on securities fraud – Consumer debt portfolios allegedly used in recent Ponzi scheme
September / October 2019
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 817
Abstract: It’s been more than a decade since Bernie Madoff made headlines for his massive Ponzi scheme. That case taught a valuable lesson: If an investment seems too good to be true, it probably is. Unfortunately, some investors are still being duped by slick con artists who promise quick and easy returns. This article highlights another recent securities fraud indictment last fall and explains how these frauds work. A sidebar discusses ways a forensic accounting expert can help identify the signs of securities fraud scams.
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MUM’s the word – Court upholds simplified method to allocate goodwill in divorce
July / August 2019
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 459
Abstract: When the marital estate in a divorce case includes a private business interest, a valuation expert may be needed to allocate value between personal and business goodwill. To determine the proper allocation, courts increasingly are accepting a straightforward approach known as the multiattribute utility model (MUM). This article explains how this model works and how it was accepted in a recent Illinois Second District Court of Appeals case. In re Marriage of Preston, No. 2-17-0656, Ill. App., Aug. 1, 2018
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4 signs of A/R fraud
July / August 2019
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 603
Abstract: Accounts receivable (A/R) are often a popular fraud target, because of the high volume of transactions that go through the A/R account. These types of fraud can be costly, but early detection can help minimize losses. This article identifies four signs that something is amiss with receivables: slow turnover, missing controls over financial reporting, excessive write-offs and errors, and customer complaints.
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Fair market value: Dissecting Revenue Ruling 59-60
July / August 2019
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 659
Abstract: IRS Revenue Ruling 59-60 provides a step-by-step outline of the factors to consider when valuing a private business. This article outlines those factors, as well as revealing other hidden details in the fine print of this guidance.
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Exelon Corp. v. Commissioner – Attorney’s role in property valuation backfires
July / August 2019
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 821
Abstract: The key to a solid appraisal is the expert’s independence. Though it can sometimes be tempting to try to influence an appraiser’s conclusions, the potential consequences can be costly. This article summarizes a recent tax case where the Seventh Circuit Court of Appeals found that meddling by the taxpayer’s legal counsel in the appraisal process rendered the reports “useless,” leading to almost $90 million in underpayment penalties. A sidebar highlights limits on like-kind exchanges under the Tax Cuts and Jobs Act. Exelon Corp. v. Commissioner, 7th Cir., No. 17-2964, 17-2965, October 3, 2018
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ACP Master, Ltd. v. Sprint Corp. – Herculean projections can defeat a valuation
May / June 2019
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 437
Abstract: It’s common for courts to reject testimony from business valuation experts who rely on unrealistic assumptions or data. This article summarizes a recent Delaware Chancery Court decision, affirmed by the state’s Supreme Court, to disregard an opinion based on “implausible” projections. ACP Master, Ltd. v. Sprint Corp., No.8508-VCL, Del. Ch., July 21, 2017, aff’d 184 A.3d 1291, Del. Supr., April 23, 2018
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3 steps to investigate fraud
May / June 2019
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 576
Abstract: When a company suffers fraud, it needs the assistance of a forensic expert to build a case that will stand up in court. This article explains three key steps performed in a fraud investigation: conducting interviews, collecting evidence and analyzing the facts.
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Critical tax issues for business owners in divorce
May / June 2019
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 643
Abstract: The Tax Cuts and Jobs Act (TCJA) made sweeping changes to the tax law that must be considered when business owners file for divorce. This article explains how attorneys and clients may need to modify their mindset during settlement talks.
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Qualifications matter – Don’t cut corners on business valuation experts
May / June 2019
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 882
Abstract: When selecting a business valuation expert, you may find that the least expensive candidate isn’t necessarily the most qualified one. This article summarizes a recent California Court of Appeals case. Although the trial court found a breach of fiduciary duty, the appellate court affirmed the decision to deny damages because the plaintiff had failed to provide credible evidence regarding the value of his business interest. A sidebar explains the challenges of valuing start-up companies, like the one in this case. Zaffarkhan v. Domesek, No. G054604, Cal. App., May 18, 2018