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Showing all 15 results

  • Don’t let compensation disparities drag down your deal

    Year End 2016
    Newsletter: Merger & Acquisition Focus

    Price: $225.00, Subscriber Price: $157.50

    Word count: 626

    Abstract: If either newly acquired or long-time employees are unhappy with the compensation decisions made during an acquisition, it could harm the critical integration process. This article provides tips on keeping key employees satisfied by tackling the compensation issue early, involving employees in compensation discussions and resolving any issues before the deal closes.

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  • Spotlight on the market approach

    September / October 2016
    Newsletter: Viewpoint on Value

    Price: $225.00, Subscriber Price: $157.50

    Word count: 626

    Abstract: There are three general ways to value a business: the cost, income and market approaches. This article focuses on the market approach, comparing and contrasting two methods that fall under it: the M&A method and the guideline public company method. Both have intuitive appeal, as well as various downsides, so they’re not applicable in every valuation assignment.

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  • Losing luster: Expert’s lost profits testimony fails Daubert test

    Winter 2016
    Newsletter: Expert / Valuation & Litigation Concepts

    Price: $225.00, Subscriber Price: $157.50

    Word count: 626

    Abstract: This article covers a recent case where the court rejected lost profits testimony based on the “luster effect” in a Daubert hearing. The court was skeptical of the expert’s assertion that a causal connection existed between the extraordinary value attached to a particular piece of equipment and an increase and subsequent drop in the plaintiff’s revenues.

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  • The trouble with assumptions – Why experts need to support their calculations

    Spring 2014
    Newsletter: Expert / Valuation & Litigation Concepts

    Price: $225.00, Subscriber Price: $157.50

    Word count: 626

    Abstract: A financial expert’s testimony usually is based on assumptions. But the trouble with assumptions is that they’re not always supported by facts. This article examines a breach of contract suit in which the plaintiff relied on an economist to provide his loss calculations. But the court determined that he wasn’t qualified to act as a business valuation expert and that his calculations were speculative and unreliable. Wallace v. Kalniz Choksey Dental—Ralston, C.A. No. WD-12-048, July 5, 2013 (Ohio Court of Appeals, 6th Dis.)

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  • Got to get back: An FMLA case

    July / August 2013
    Newsletter: Employment Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 626

    Abstract: Many employees who take leave under the Family and Medical Leave Act (FMLA) maximize their time off to rest and fully recuperate. But this article looks at a case in which the plaintiff sued his employer for not reinstating him earlier than the 12 weeks to which he was entitled. His contention was that the FMLA requires an employer to restore an employee to the position he’d held at the time FMLA leave began or to an equivalent position. The court’s decision came down to whether the plaintiff was able “to perform an essential job function” during his leave. James v. Hyatt Regency Chicago, No. 12-1511, February 13, 2013 (7th Cir.)

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  • A storm is brewing over compliance duties

    Winter 2012
    Newsletter: Healthcare Management Advisor

    Price: $225.00, Subscriber Price: $157.50

    Word count: 626

    Abstract: The volume and complexity of legal restrictions on the operations of governing boards continue to grow, making it critical that hospital directors be aware of their responsibility for ensuring compliance with the law. This article lists three points that board members should focus on, and shows how members can help ensure they’re fulfilling their compliance duties. Citation: In re Caremark Int’l Inc. Derivative Litigation, 698 A.2d 959 (Del. Ch. 1996); Stone v. Ritter, 911 A.2d 362 (Del. 2006); In re Citigroup, Inc. Shareholder Derivative Litigation, 964 A.2d 106 (Del. Ch. 2009).

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  • Avoid the “second class citizen” syndrome: Embrace collaboration

    Year End 2011
    Newsletter: Focus

    Price: $225.00, Subscriber Price: $157.50

    Word count: 626

    Abstract: At one point or another, nonfamily employees may feel like second-class citizens. To make sure everyone feels like part of the team, it may be beneficial to create a collaborative management environment. This article explains why collaboration is important and how to successfully implement it within the company.

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  • Lending to or borrowing from your company the right way

    November / December 2011
    Newsletter: Tax Impact

    Price: $225.00, Subscriber Price: $157.50

    Word count: 626

    Abstract: It’s not unusual for owners of closely held businesses to move money into and out of the company for various purposes, and there are significant tax advantages to characterizing these transactions as loans. But to enjoy those advantages, it’s necessary to treat advances and withdrawals as bona fide loans and document them as such. This article shows how to do so.

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  • A view to a trademark – Gun manufacturer turns to 007 for help

    April / May 2011
    Newsletter: Ideas on Intellectual Property Law

    Price: $225.00, Subscriber Price: $157.50

    Word count: 626

    Abstract: When a gun manufacturer filed an application for a trademark on the product configuration design of certain firearms, the trademark examiner rejected the registration on the grounds that the design wasn’t inherently distinctive — and the examiner wasn’t persuaded by the manufacturer’s argument that the handgun design had acquired distinctiveness. The manufacturer appealed to the Trademark Trial and Appeal Board (TTAB), citing evidence of distinctiveness in the public’s mind, including widespread recognition of the product’s use in the popular James Bond movies. This article looks at the TTAB’s decision. In re Carl Walther GmbH, No. 77096523, Oct. 26, 2010 (T.T.A.B.)

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  • Growing up – Morphing a ma and pa shop into a professional family business

    Year End 2010
    Newsletter: Focus

    Price: $225.00, Subscriber Price: $157.50

    Word count: 626

    Abstract: An informal setup may work fine during a family business’s infancy, but for it to remain competitive and profitable, it must “grow up” by enhancing its operations. This article shows how a company can do so by focusing on four areas: organizational management, business processes, strategic planning and decision-making, and information technology systems.

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  • Devastating consequences – How appraisers estimate damages for new or unlaunched companies

    Fall 2010
    Newsletter: Expert / Valuation & Litigation Concepts

    Price: $225.00, Subscriber Price: $157.50

    Word count: 626

    Abstract: In today’s uncertain and competitive business environment, economic damages can be particularly devastating for a new or as-yet-unlaunched company. Under such difficult circumstances, appraisers can help these “green” businesses in court by using specific valuation techniques to calculate estimated damages. This article explains how financial experts make projections and apply discounts when little or no performance data is available.

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  • Until death — or divorce — do we part – A prenuptial agreement can protect your assets

    January / February 2009
    Newsletter: Planning for Prosperity / Wealth Management Advisor

    Price: $225.00, Subscriber Price: $157.50

    Word count: 626

    Abstract: Despite love, hope and good intentions, more than half of marriages in the United States end in divorce. A well-crafted prenuptial agreement, commonly referred to as a “prenup,” provides protection for a person’s personal and business assets by outlining how they’ll be divided in the event of divorce or death. This article discusses the ins and outs of a prenup.

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  • A professor’s alleged in-office pornography leads to multiple claims

    July / August 2008
    Newsletter: Employment Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 626

    Abstract: The questions before the Second Circuit were: Did a professor discriminate against his secretary on the basis of gender? Did his leaving pornography on her computer subject her to a hostile work environment? Did she suffer an adverse employment action constituting retaliation when he reduced her duties, after she’d complained about the hostile work environment? This article describes the court’s answers and also includes a sidebar on a related decision. Patane v. Clark, Burlington Northern and Santa Fe Railway v. White

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  • How income reconstruction builds a case against fraudsters

    Spring 2008
    Newsletter: Expert / Valuation & Litigation Concepts

    Price: $225.00, Subscriber Price: $157.50

    Word count: 626

    Abstract: Sometimes a company discovers the misappropriation of assets and has a guess as to who may be behind it but no direct evidence to back up its suspicions. A financial expert can help by using income reconstruction to show that an employee’s estimated actual income is higher than his or her known income. This article covers some of the common methods of income reconstruction and what circumstances may indicate that it should be used. (Updated 11/30/12)

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  • Practical Perspectives: Key financial issue for you and your family – Comparing Coverdell ESAS with 529 plans

    February / March 2008
    Newsletter: Trendlines

    Price: $225.00, Subscriber Price: $157.50

    Word count: 626

    Abstract: In this month’s Practical Perspectives, we meet Floyd, an investment analyst, and Marietta, an educational researcher — a married couple with a five-year-old son and a newborn daughter. Like many parents, they’d heard and read plenty about 529 plans, but they wanted to know whether there were any other college funding alternatives worth considering. They visited their financial advisor, who explained one potential option: the Coverdell Education Savings Account.

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