January / February
Showing 353–368 of 623 results
-
Assessing damages: Don’t overlook prejudgment interest
January / February 2014
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 330
Abstract: Too often, litigants overlook prejudgment interest. This compensates for the loss of the use of funds and the effects of inflation after a party suffers economic damages. It’s usually calculated between the date of injury and the date of judgment. This article explains why it’s important for plaintiffs and defendants alike to consider prejudgment interest when evaluating a case, developing a litigation strategy or negotiating a settlement.
-
Can owners compensation affect a company’s value?
January / February 2014
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 680
Abstract: Owners of closely held companies have significant leeway when it comes to setting their own salaries and benefits. But how does that affect business value? Often, to obtain a more accurate valuation, it’s necessary to “normalize” owners compensation. This results in an objective, unbiased owners compensation amount, which, in turn, contributes to a more credible business value. This article discusses when it is or is not appropriate to normalize owners compensation, along with the challenge of determining market compensation for an individual owner.
-
The challenge of estimating damages in IP cases
January / February 2014
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 625
Abstract: In an intellectual property (IP) case, it’s important to have a qualified valuator. Why? Because in some IP litigation, it may be possible to recover certain damages that are based on profits the defendant enjoyed as a result of its infringement. This article looks at the theory behind damages, how valuators might attempt to apportion sales among infringing and noninfringing activities, and the ways that a court might determine lost profits.
-
How to value fractional interests in real estate
January / February 2014
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 874
Abstract: Undivided fractional interests in real estate, such as tenancy-in-common (TIC) interests, can be a challenge to value. Generally, the process requires two valuations: an appraisal of the underlying real estate and then a valuation — applying traditional business valuation principles — of the fractional interest. This article first notes the difference between fractional and minority interests. It then lists some general factors in determining an appropriate discount for the fractional interest and explains how the discounted cash flow method can be used to value it. A sidebar explains how the availability of valuation discounts for TIC and other fractional interests in real estate leads to some valuable estate planning opportunities for married couples.
-
Another WARNing shot regarding mass layoffs
January / February 2014
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 772
Abstract: The Worker Adjustment and Retraining Notification (WARN) Act requires employers to provide adequate notice of mass layoffs or plant closings. When a racetrack failed to do so, former employees filed a class action suit. The employer claimed it was entitled to the statutory defense of an unforeseeable business circumstance and, therefore, it wasn’t required to provide notice. It also asserted that what was occurring at the company was so publicized and obvious that the plaintiffs were effectively put on notice. The appeals court disagreed with both arguments. Sides v. Macon County Greyhound Park, Inc., No. 12-14673, Aug. 5, 2013 (11th Cir.)
-
Totality of circumstances – Factoring “neutral incidents” into a harassment claim
January / February 2014
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 649
Abstract: Just about every legal precedent comes with the disclaimer “depending on the facts and circumstances of the case.” When a worker claimed ongoing sexual harassment, the employer argued that many of the incidents complained of were “neutral” — in other words, not sexual. The appeals court then considered whether this particular set of circumstances should be considered in assessing the harassment claim. Waldo v. Consumers Energy Co., No. 12-1518, Aug. 9, 2013 (6th Cir.) Williams v. CSX Transp. Co., No. 09-5564, June 28, 2011 (6th Cir.) Harris v. Forklift Sys., Inc., No. 92-1168, Nov. 9, 1993 (Supreme Court) Jackson v. Quanex, No.98-1515, Sept. 9, 1999 (6th Cir.)Abstract: Just about every legal precedent comes with the disclaimer “depending on the facts and circumstances of the case.” When a worker claimed ongoing sexual harassment, the employer argued that many of the incidents complained of were “neutral” — in other words, not…
-
Tread carefully when firing employees on FMLA leave
January / February 2014
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 625
Abstract: Deciding to terminate any employee is risky. But the risk level associated with terminating those who have requested leave under the Family and Medical Leave Act (FMLA) is markedly greater. After a nonprofit terminated an employee who was on FMLA leave — claiming performance-related reasons — the plaintiff sued. Ultimately, the appeals court sided with the employer, but the decision shows why it’s important for employers to tread carefully in such cases. Mercer v. Arc of Prince Georges County, No. 13-1300, July 11, 2013 (4th Cir.) Yashenko v. Harrah’s NC Casino Co., No. 05-1256, April 27, 2006 (4th Cir.) McDonnell Douglas Corp. v. Green, No. 72-490, May 14, 1973 (Supreme Court)
-
Outside the law? Illegal immigrants seek to invoke FLSA protections
January / February 2014
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 935
Abstract: Employees hired illegally may seem outside the law in many respects. But are they? This article looks at a case that tackled the question of whether illegal immigrants may invoke the protections of the Fair Labor Standards Act (FLSA). In the end, the appeals court determined that an employer cannot benefit from its own wrongdoing — by hiring unauthorized workers, it will face liability for any FLSA wage violations. A sidebar discusses a different case — in which an undocumented employee was fired after supporting a union campaign — with a different outcome. Lucas v. Jerusalem Café, No. 12-2170, July 29, 2013 (8th Cir.) Hoffman Plastic Compounds, Inc. v. NLRB, No. 00-1595, March 27, 2002 (Supreme Court)
-
Extraordinary circumstances: DLOM allowed in forced buyout
January / February 2014
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 455
Abstract: When closely held businesses are appraised, professional valuators often apply a discount for lack of marketability (DLOM). However, in forced-buyout situations, DLOMs are generally only applied under extraordinary circumstances. This article discusses an unpublished shareholder oppression case in which the court found that such circumstances did indeed exist.
-
What prevents an equitable divorce?
January / February 2014
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 659
Abstract: In divorce cases, courts try to split assets equitably between the spouses. But the parties sometimes make a court’s job difficult by hiding assets or even by performing their own valuations. This article explains why hiring an experienced financial expert to accurately appraise assets is the key to a fair settlement. Such experts often have forensic accounting backgrounds and know how to use sophisticated methods to value assets, particularly businesses.
-
Patent infringement damages – Court tosses expert’s reasonable royalty testimony
January / February 2014
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 802
Abstract: Calculating damages in patent infringement cases continues to pose a challenge, with expert testimony on the matter coming under heavy Daubert scrutiny. This article looks at one case in which the judge excluded most of an expert’s proposed damages testimony — despite finding her “highly qualified” and competent to estimate reasonable royalties. A sidebar explains why the judge admonished the expert for failing to consult sufficiently qualified experts.
-
Diagnosing health care fraud – What employers need to know
January / February 2014
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 596
Abstract: With so much money running through the health care system, it’s no surprise that some medical providers are practicing fraud. This article discusses five types of fraud to which public and private health insurers, including self-insured employers, are vulnerable. These involve various forms of misrepresentations of services rendered. The article also lists red flags that might signal fraud.
-
Nasty numbers — 8 red flags to watch out for in your financial statements
January / February 2012
Newsletter: Contractor
Price: $225.00, Subscriber Price: $157.50
Word count: 1056
Abstract: Financial statements show not only where a construction company is financially, but also where it’s going. Contractors who work with their financial advisors to analyze their statements can often catch problems early on — before they turn into bigger issues. This article lists eight red flags contractors should look out for when reading their next statement, including declining equipment value, significant liability changes, and an increasing ratio of general and administrative expenses to profits. A sidebar offers a glossary of several key financial statement terms. Recommended Article
-
Visual aids have a strong impact
January / February 2013
Newsletter: Viewpoint on Value
Price: $225.00, Subscriber Price: $157.50
Word count: 342
Abstract: Hours or days of oral testimony can take its toll on even the most attentive judges, jurors and arbitrators. Visual aids help break up the monotony and focus attention on key points. This brief article notes how a valuator might use a visual aid in court and lists several visual aids, such as line graphs or flowcharts, that can help valuators convey key points while providing expert testimony.
-
Valuators can play a supporting role in business growth strategies
January / February 2013
Newsletter: Viewpoint on Value
Price: $225.00, Subscriber Price: $157.50
Word count: 658
Abstract: Valuators can play many roles in facilitating a company’s success, including providing support to management in evaluating strategic investment decisions. This article discusses several ways companies can grow and the methods valuators use to analyze business projections and other financial data integral to determining successful growth strategies.
-
Replacement compensation Q&A — Why these valuations pose challenges for experts
January / February 2013
Newsletter: Viewpoint on Value
Price: $225.00, Subscriber Price: $157.50
Word count: 750
Abstract: Owner replacement compensation refers to the amount an unrelated person would be paid for performing the same duties that an owner performs at the subject company. Estimating replacement compensation is especially challenging when owners receive noncash perks, such as stock or stock options. This article looks at some common questions — and answers — about how valuators estimate replacement compensation. Hubbard v. Phil’s BBQ of Point Loma Inc., Case No. 09CV0735-LAB (NLS), 2012 U.S. Dist. LEXIS 41884, March 27, 2012.