ADV
Showing 129–144 of 384 results
-
Swiderski Equipment v. Swiderski – Courts demand clear valuation reports
July / August 2018
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 445
Abstract: Vague business valuation reports can be confusing and prolong commercial litigation. This article summarizes a recent Wisconsin Court of Appeals case where the court excluded an expert’s business valuation report for being ambiguous on several key points. Swiderski Equipment, Inc. and Alex K. Swiderski v. James Swiderski, 374 Wis.2d 438, No. 2016AP700, Wis. App., February 14, 2017
-
Dissecting the role of the forensic accountant
July / August 2018
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 621
Abstract: When people hear the term “forensic science,” they usually think “CSI.” When they hear the term “forensic accounting,” they often don’t know what to think. This article explains how forensic accounting experts can help attorneys investigate, develop and prove their cases.
-
Economic damages: Total business loss evidence allowed in recent case
July / August 2018
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 545
Abstract: The Eighth Circuit Court of Appeals recently issued a surprising decision: It allowed a qualified damages expert to present a conclusion for the loss of a company’s entire value in a case where the plaintiff continued to operate after the defendants’ alleged wrongdoing. This article summarizes this case. West Plains L.L.P., dba CT Freight Co. v. Retzlaff Grain Co. Inc., dba RFG Logistics, et al, 870 F.3d 774, No. 16-2650, 8th Cir., August 30, 2017
-
How much owners’ compensation is “reasonable”?
July / August 2018
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 912
Abstract: The IRS may challenge the reasonableness of compensation a business pays to its owners and other related parties under a variety of situations. This article explains the factors to consider when evaluating compensation paid by C corporations and pass-through entities, including S corporations, partnerships and limited liability companies (LLCs) treated as partnerships for tax purposes. A sidebar highlights IRS internal guidance that provides valuable insight on how IRS examiners are trained to assess what’s reasonable.
-
Fraud prevention – Audit committees are a critical defensive tool
May / June 2018
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 421
Abstract: An audit committee composed of board members can be an effective antifraud mechanism. This article highlights some best practices for audit committees that have emerged over the last decade. A forensic accounting expert can help committee members follow these best practices — thereby helping to avoid and defend against potential fraud allegations from investors and lenders.
-
Update on patent damages under the Panduit test
May / June 2018
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 540
Abstract: The Panduit factors for determining lost profits damages in patent infringement cases were established about 40 years ago. The factors have been challenged on various grounds over the years. This article explains the Panduit test and summarizes a recent high-profile patent infringement claim that could soon fall under U.S. Supreme Court scrutiny. Mentor Graphics Corp. v. EVE-USA, Inc. (Mentor I), No. 2015-1470, -1554, 01556 (Fed. Cir. March 16, 2017) Mentor Graphics Corp. v. EVE-USA, Inc. (Mentor II), No. 2015-1470, -1554, 01556 (Fed. Cir. Sept. 1, 2017)
-
Is collaborative divorce right for your client?
May / June 2018
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 618
Abstract: Since the concept of “collaborative divorce” was introduced in the 1990s, it’s been gaining momentum as a creative, cost-effective alternative to the traditionally adversarial divorce process. This article provides an overview of collaborative divorce, including how it works, advantages, potential pitfalls — and the role of the financial expert.
-
How valuation expertise strengthens buy-sell agreements
May / June 2018
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 877
Abstract: A solid buy-sell agreement can help closely held businesses avoid disruptions when a shareholder leaves the business. This article explains critical business valuation issues to address when drafting or reviewing a buy-sell, including the appropriate valuation method, level and standard of value, and valuation date. A sidebar highlights why it’s important to specify whether life insurance is an asset of the business or merely a funding mechanism.
-
How to unlock “key person” risk in divorce cases
March / April 2018
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 435
Abstract: In divorce, when a marital estate includes a closely held business interest, its value can have a significant impact on the division of assets, as well as the determination of support payments. A key person discount may apply when valuing a business that relies disproportionately on one person for its success. This article discusses what this discount is, how business valuation experts apply it and when it’s relevant in a divorce context.
-
Settling (and preventing) postacquisition disputes
March / April 2018
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 678
Abstract: Mergers and acquisitions sometimes fail to live up to the parties’ expectations for a variety of reasons. This article illustrates how financial experts can help buyers and sellers resolve disputes that arise after a deal closes and, more important, how they may help prevent disputes if consulted before closing about value-related provisions of the sales contract.
-
Cash is king — even in fraud schemes
March / April 2018
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 556
Abstract: It’s probably no surprise that cash is the most popular fraud target. This article explains how forensic accounting experts identify potential cash traps, such as overbilling and phantom employee scams, and how they trace schemes through a company’s accounting systems to catch a thief.
-
Focus on valuation – Valuation issues are at the forefront in dissenting shareholder cases
March / April 2018
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 862
Abstract: Attorneys involved in dissenting shareholder cases quickly learn that business valuation plays an important role in determining damages. This article discusses three critical valuation matters to consider in shareholder disputes: the appropriate standard of value, effective date, and valuation methods. A sidebar summarizes a recent case in which the Arizona Court of Appeals upheld the valuation of a dissenter’s interest based on a failed IPO. Kottayil v. Insys Therapeutics, Inc., No. 15-0765, Ariz. Ct. App., August 29, 2017
-
Is your clients’ e-discovery at risk from hackers?
January / February 2018
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 426
Abstract: News headlines seem to report a new hacking scandal every week. This article explains why the expansion of e-discovery has enticed hackers to target law firms and how a firm can safeguard its IT systems to protect clients’ electronic data from cyberattacks.
-
Beware of procurement fraud
January / February 2018
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 567
Abstract: Scams involving vendors and suppliers are among the most prevalent — and potentially damaging — types of fraud today. This article describes different types of procurement schemes and offers guidance on how to detect and prevent them.
-
Economic damages 101 – Learn the ABCs of calculating lost profits and diminished value
January / February 2018
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 629
Abstract: The ultimate goal of any economic damages case is to make the plaintiff “whole” again. Many factors go into this assessment. This article covers the basics of how experts quantify lost profits and diminished business value, including potential pitfalls that novice experts need to avoid.
-
Valuing “blue sky” – Why goodwill matters and how it’s measured
January / February 2018
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 872
Abstract: Goodwill is an indefinite-lived intangible asset. It comes into play in various business valuation assignments. This article discusses what goodwill is and the role it plays in divorce and financial reporting. A sidebar highlights the differences between personal and business goodwill.