EXP
Showing 17–32 of 145 results
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Valuation and bankruptcy: Hire the best expert for the job
Summer 2015
Newsletter: Expert / Valuation & Litigation Concepts
Price: $225.00, Subscriber Price: $157.50
Word count: 414
Abstract: Valuation plays an essential role in the bankruptcy process, yet not every valuation expert is qualified to work on bankruptcy matters. This article explains the services valuation professionals can provide during bankruptcy and lists three qualifications these experts need: familiarity with relevant language; tax and accounting knowledge; and experience valuing different types of assets.
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A look at the “fraud triangle” and beyond
Summer 2015
Newsletter: Expert / Valuation & Litigation Concepts
Price: $225.00, Subscriber Price: $157.50
Word count: 583
Abstract: Fraud experts have long suggested that the presence of three conditions, known as the “fraud triangle,” greatly increases the likelihood that an organization will be defrauded by its employees. This article discusses the three factors — pressure, rationalization and opportunity. It also introduces new fraud configurations, the “fraud diamond” and the MICE (Money, Ideology, Coercion and Ego) model.
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M&As require financial expertise – Helping your clients realize the best deal
Summer 2015
Newsletter: Expert / Valuation & Litigation Concepts
Price: $225.00, Subscriber Price: $157.50
Word count: 603
Abstract: After years of sluggish activity, the merger and acquisition (M&A) market has picked up dramatically and many companies are considering selling or buying. This article describes the kinds of assistance financial experts provide during the M&A process, including valuing assets, facilitating due diligence, structuring a deal and managing posttransaction tax and accounting issues.
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Russell v. Allianz Life Ins. Co. of North America – Don’t take reliability for granted
Summer 2015
Newsletter: Expert / Valuation & Litigation Concepts
Price: $225.00, Subscriber Price: $157.50
Word count: 870
Abstract: Although expertise is essential, there’s no guarantee that the testimony of a qualified expert will prove reliable under state or federal admissibility standards. That’s what a federal district court proved when it blocked a financial expert’s lost profits testimony in Russell v. Allianz Life Ins. Co. of North America. This article reviews the facts and opinions of the case. A sidebar discusses the type of evidence that should be used to support an estimate of a plaintiff’s worklife expectancy. Dugan Calvin Russell v. Allianz Life Ins. Co. of North America (N.D. Mo. 2015, January 8, 2015)
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Valuing intangibles – How much is that license in the window?
Spring 2015
Newsletter: Expert / Valuation & Litigation Concepts
Price: $225.00, Subscriber Price: $157.50
Word count: 403
Abstract: Licenses and permits that allow an individual or company to do business can provide significant value. This article talks about the factors professional valuators consider when appraising licenses and permits, including their average service life, restrictions on transferability and economic conditions in the relevant industry.
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Infringed copyright holders — big and small — can get relief
Spring 2015
Newsletter: Expert / Valuation & Litigation Concepts
Price: $225.00, Subscriber Price: $157.50
Word count: 631
Abstract: Although the Copyright Act and the Digital Millennium Copyright Act provide for statutory damages for copyright infringement, many copyright holders elect to pursue actual damages — commonly measured by lost profits. As this article explains, courts have applied several different approaches to compute such losses. For example, a plaintiff may allege that, if not for the infringement, its sales of the protected work would have grown in an amount equal to the infringer’s sales.
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Even qualified experts can face admissibility challenges
Spring 2015
Newsletter: Expert / Valuation & Litigation Concepts
Price: $225.00, Subscriber Price: $157.50
Word count: 577
Abstract: Sometimes, even obviously qualified experts using reliable methods can find themselves the subject of challenges to the admissibility of their testimony. This article describes a Michigan case, B & L Development LLC v. City of Norton Shores, involving a property tax assessment. Ultimately, a court of appeals dismissed the city’s overarching contention that a trial court is required to conduct a “searching inquiry” into an expert’s underlying data before admitting the expert’s testimony.
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Count on experts to reduce inventory fraud
Spring 2015
Newsletter: Expert / Valuation & Litigation Concepts
Price: $225.00, Subscriber Price: $157.50
Word count: 819
Abstract: Inventory items — from raw materials to finished goods — have a way of disappearing from worksites. This article discusses several inventory fraud schemes, including financial statement fraud and embezzlement. It also lists signs that inventory schemes are underway, such as inventory record discrepancies and significant increases in the days of inventory. A sidebar argues that anonymous hotlines can help organizations detect fraud and limit financial damage.
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Reorganization value – Industry matters in bankruptcy court
Winter 2015
Newsletter: Expert / Valuation & Litigation Concepts
Price: $225.00, Subscriber Price: $157.50
Word count: 424
Abstract: Bankruptcy attorneys generally are familiar with the three most common methods of determining reorganization value: discounted cash flow, market multiple (or comparable companies) and comparable transaction. However, depending on the sector involved, courts can consider other methods. The article describes how this happened in a recent shipping industry bankruptcy case.
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Fraud interviews deserve professional attention – How experts gather facts and get to the truth
Winter 2015
Newsletter: Expert / Valuation & Litigation Concepts
Price: $225.00, Subscriber Price: $157.50
Word count: 726
Abstract: All too often, companies defrauded by employees attempt to solve the problem internally. Owners and managers may even conduct employee interviews themselves. This usually is a mistake. This article lists reasons why forensic experts should conduct fraud investigations. A sidebar notes that employers are instrumental in preventing fraud from happening in the first place.
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Divorce and CRTs: What are the tax effects?
Winter 2015
Newsletter: Expert / Valuation & Litigation Concepts
Price: $225.00, Subscriber Price: $157.50
Word count: 566
Abstract: When marriages end and marital assets must be split, some assets are easier to split than others. For example, it may seem obvious to simply divide a charitable remainder trust (CRT) right down the middle into two new trusts — one for each spouse. But a 50/50 split isn’t as easy as it may seem. This article discusses IRS tax guidance regarding division of CRTs.
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Federal Circuit clarifies entire market value rule for patent damages
Winter 2015
Newsletter: Expert / Valuation & Litigation Concepts
Price: $225.00, Subscriber Price: $157.50
Word count: 801
Abstract: This article looks at an infringement damages case involving a multicomponent product. The U.S. Court of Appeals for the Federal Circuit clarified the application of the entire market value rule when the smallest salable unit is the entire accused product. The court concluded that, if that unit doesn’t drive demand for the overall product, the royalty must be further apportioned. A sidebar explains why the court also rejected the plaintiff’s expert’s use of the Nash bargaining solution to estimate reasonable royalty damages.
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Divorce court rejects DLOM on husband’s dental practice
Fall 2014
Newsletter: Expert / Valuation & Litigation Concepts
Price: $225.00, Subscriber Price: $157.50
Word count: 412
Abstract: A discount for lack of marketability (DLOM) can dramatically reduce a business’s value, in turn reducing the amount a spouse receives in a divorce case. But the likelihood of a business’s sale may determine whether such discounts are appropriate. This article looks at a recent divorce action, in which the court of appeals found that a DLOM on the husband’s dental practice was improper because he had no need or desire to sell his interest. Barnes v. Barnes (Tenn. App. 2014)
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Supreme Court allows early rebuttal of efficient markets theory
Fall 2014
Newsletter: Expert / Valuation & Litigation Concepts
Price: $225.00, Subscriber Price: $157.50
Word count: 608
Abstract: A recent U.S. Supreme Court ruling could have a significant effect on private securities fraud class actions. This article describes how the Court gave corporate defendants the right to rebut the efficient markets theory presumption at the class certification stage. Allowing such rebuttals could make bringing class actions more difficult for shareholders. The court, however, didn’t go as far as many corporations had hoped. Halliburton Co. v. Erica P. John Fund, Inc. (U.S. 2014) Basic Inc. v. Levinson (U.S. 1988)
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When defendants aren’t who they say they are – Getting to the bottom of alter ego cases
Fall 2014
Newsletter: Expert / Valuation & Litigation Concepts
Price: $225.00, Subscriber Price: $157.50
Word count: 646
Abstract: Plaintiffs with valid claims against insolvent or cash-poor defendants may feel as though they’ll never collect their judgments. But they might be able to argue that a defendant represents the alter ego of a parent company. Alter ego litigation generally is sought to gain access to the financial resources of a defendant’s subsidiaries — or even individual shareholders. But as this article explains, to be successful, plaintiffs need to show that the company’s shareholders abused the corporate structure.
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Taking center stage – Patent damages calculations are more important than ever
Fall 2014
Newsletter: Expert / Valuation & Litigation Concepts
Price: $225.00, Subscriber Price: $157.50
Word count: 796
Abstract: With the different types of damages available and significant case law on the issue, attorneys involved in patent litigation should take the time to understand how patent infringement damages are assessed. This article discusses what damages are considered reasonable and how lost profits are recovered. A sidebar explains how damages experts prove price erosion. Georgia-Pacific Corp. v. United States Plywood Corp., 318 F.Supp. 1116 (S.D.N.Y. 1970) Uniloc USA Inc. v. Microsoft Corp., 632 F.3d 1292 (Fed. Cir. 2011) Panduit Corp. v. Stahlin Bros., 575 F.2d 1152 (6th Cir. 1978) SynQor, Inc. v. Artesyn Technologies, Inc., 709 F.3d 1365 (Fed. Cir. 2013)