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Showing 9153–9168 of 10241 results
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Fairness opinions can help provide needed assurance
September / October 2009
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 714
Abstract: Many shareholders have challenged transactions that seem to benefit corporate “insiders,” believing that the decision makers aren’t fulfilling their fiduciary duty to act in the best interests of the corporation and its shareholders. But companies can help insulate their directors and officers from personal liability and avoid shareholder litigation by obtaining a fairness opinion — a written opinion from an independent financial expert that a proposed transaction is fair, from a financial perspective, to the corporation’s shareholders or a particular group of shareholders.
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Vying for the rights to flat-screen TV technology – No damages for breach of patent license
September / October 2009
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 760
Abstract: Last summer, two companies engaged in a fierce battle over licensing rights to a patented flat-screen TV technology. In Nano-Proprietary Inc. v. Canon Inc., the U.S. Court of Appeals for the Fifth Circuit held that a patent licensor couldn’t terminate a “perpetual” license agreement, despite the licensee’s material breach of the agreement. In addition, the licensor couldn’t recover monetary damages, because it had failed to establish the amount of damages with reasonable certainty. This case shows how a qualified valuation expert can help eliminate speculation.
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Don’t play games with goodwill
September / October 2009
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 938
Abstract: The Financial Accounting Standards Board’s (FASB’s) Statement of Financial Accounting Standards (SFAS) No. 142 requires a company to test goodwill for impairment between annual tests if certain “triggering events” — including “a significant adverse change in legal factors or in the business climate” — indicate that its fair value has deteriorated. This article shows that testing for goodwill impairment is a two-step process, and how a valuator can help put together a goodwill allocation strategy designed to minimize the impact of impairment on the client’s financial statements. A sidebar discusses SFAS 157, which provides accounting rules for determining fair value, and a FASB Staff Position offering guidance on applying SFAS 157 when the market is inactive or when available pricing data reflects distressed sales.
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Regarding guns, OSHA and the workplace …
September / October 2009
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 536
Abstract: When the Oklahoma legislature prohibited property owners from banning the storage of firearms locked in vehicles located on their property, a district court ruled that the prohibition was preempted by the Occupational Safety and Health Administration’s (OSHA’s) general duty clause. An appeals court discussed its reasoning in reaching a different conclusion. Ramsey Winch Inc. v. C. Brad Henry, 555 F.3d 1199 (10th Cir. 2009)
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Workforce reduction cuts along gender lines
September / October 2009
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 604
Abstract: When a moving company laid off 12 women and one man, four of the laid-off female employees sued it in federal court, alleging gender discrimination on the theory of disparate impact. The plaintiffs challenged the company’s “particular employment practice” of selecting only predominantly female departments for the RIF, but the appeals court explained that the only questions were whether there was an identifiable disparity and, if so, whether the challenged employment practice could have caused the disparity. The court then ran a statistical analysis to help it arrive at a decision. Shollenbarger v. Planes Moving and Storage, 297 Fed. Appx. 483 (6th Cir. 2008)
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Independent contractor vs. employee – Another battle is fought in the IT realm
September / October 2009
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 915
Abstract: The independent contractor vs. employee battle has been fought in many sectors. Among the most common is the IT realm, where contract work often goes on for prolonged periods. When one spouse charged that her late husband’s relationship with his company should be considered that of an “employee” for compensation purposes, an appeals court took a look at the issues. Estate of Suskovich v. Anthem Health Plans of Va., Inc.
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Who’s watching the watcher? Discrimination suit puts EEOC under scrutiny
September / October 2009
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 1053
Abstract: Like other litigants, federal, state and local governmental agencies sometimes act inappropriately in pursuing legal cases against those they accuse of having violated the law. When a truck driver claimed his employer had failed to accommodate his medical condition, an overzealous investigator rendered a conclusion that was ultimately refuted by both a district court and an appellate court. A sidebar discusses the damages award. This case reminds us that governmental agencies can be held accountable for their inappropriate conduct by the courts. EEOC v. Agro Distrib. LLC, 2009 U.S. App. LEXIS 959 (5th Cir. Miss. 2009)
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Construction Law Quickcase – Solis v. Summit Contractors – OSHA says subcontractor safety is general contractor’s problem
September / October 2009
Newsletter: Construction Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 333
Abstract: A contractor protested when OSHA issued it a violation for safety infractions committed by its subcontractor — even though everyone involved agreed that the latter’s violations didn’t present any danger to the general contractor’s supervisors on site. The outcome shows that general contractors must ensure that all subcontractors rigorously follow OSHA requirements.
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Talk is cheap: Loan agreements often exclusionary
September / October 2009
Newsletter: Construction Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 615
Abstract: Many contractors on commercial projects are well aware that bank financing is in place to pay for the construction. Owners and bankers, however, usually take great pains to ensure their loan documents don’t permit an action by an unpaid contractor against the bank. A recent Pennsylvania case illustrates the lengths to which a court will go in excluding a contractor from the benefits under a construction loan agreement. This article drives home the point that contractors should insist on getting full payment on delivery of trailing waivers every month — anything less will likely leave them entirely at the mercy of the developer.
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Tell it to the jury – Dustup over soil conditions puts case in dubious hands
September / October 2009
Newsletter: Construction Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 579
Abstract: In a case involving a building that was damaged due to shifting ground, the judge denied all defense motions and permitted the case to be argued to the jury on the theories of negligent design, negligent construction and breach of contract against all of the defendants. The lesson? If parties to a construction contract can’t resolve their differences via negotiation or arbitration, those differences may be decided by lay jurors who may have no background in construction.
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Is construction management the same as general contracting?
September / October 2009
Newsletter: Construction Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 956
Abstract: California courts are notorious for refusing to let unlicensed general contractors collect payments due them — even in cases where the license had lapsed only for a few days during a lengthy project. But one case shows that a court may draw a distinction between construction management and general contracting. At the heart of this case is whether an entity which provides construction management services to a private owner developing commercial real property is required to be licensed. This article describes the Court of Appeal’s decision and its reasoning, while a sidebar looks at the point of view of the lone dissenting judge.
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Dealer Digest – Bartering between businesses is taxable
September / October 2009
Newsletter: Dealer Insights
Price: $225.00, Subscriber Price: $157.50
Word count: 392
Abstract: Topics covered this month are the tax implications of business-to-business bartering; the COBRA premium subsidy that’s in effect this year only; and five ways to cut shop-supply expenses.
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Do you know what your dealership is really worth?
September / October 2009
Newsletter: Dealer Insights
Price: $225.00, Subscriber Price: $157.50
Word count: 613
Abstract: To get a loan in this tight credit environment, it’s more important than ever that dealerships be able to accurately determine their net worth. It’s important to go beyond the figure provided on the balance sheet to find unrecorded liabilities or contra assets such as those with a negative credit balance. Areas to examine include uncollectible receivables, inventories, fixed assets and F&I chargebacks.
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The quest to be the best – Use benchmarking as a strategic weapon
September / October 2009
Newsletter: Dealer Insights
Price: $225.00, Subscriber Price: $157.50
Word count: 534
Abstract: As consolidation continues to shake the industry, benchmarking is a weapon that dealerships can wield to fight off mediocre performance and strengthen their competitiveness. Almost anything can be benchmarked, but it’s wise to start with areas that have the most effect. The article discusses what information may be best and how to obtain it, while a sidebar lists suggestions for acting on the results.
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Sparking new car sales – New tax break, special offers and financing tips all help
September / October 2009
Newsletter: Dealer Insights
Price: $225.00, Subscriber Price: $157.50
Word count: 874
Abstract: The tax break for new car purchasers isn’t the be-all, end-all for curing the super sales slump. But it is a tool that can spur customers to buy a new vehicle by year end. This article discusses some of the details, such as deadlines, deduction size and qualification requirements. Also discussed are factory incentives and options for consumers to educate themselves in regard to financing.
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Construction Success Story – Contractor goes paperless with IWA system
September / October 2009
Newsletter: Contractor
Price: $225.00, Subscriber Price: $157.50
Word count: 437
Abstract: This month’s Construction Success Story tells of one contractor who had been pondering the idea of going paperless but hadn’t found the right tool to help her do so. When she asked her CPA for ideas, he mentioned imaging and workflow automation (IWA) systems. He explained that many business owners, including contractors, have been using IWA systems to streamline their invoice and accounts payable processes.