March / April
Showing 417–432 of 616 results
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The inherent risks of a lack of accountability
March / April 2012
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 785
Abstract: An associate surgeon made several allegations that the residency director’s behavior toward her and other women was consistently inappropriate and demeaning. When her medical credentials were up for review by the hospital’s credentials committee, the residency director presented her in an unfavorable light, and the committee ordered counseling for her. Upon review, the chief medical officer didn’t tell the committee about the plaintiff’s allegations against the residency director, and the committee reaffirmed. The plaintiff successfully sued. This article explains that even high-ranking professionals must follow the law. Citation: Tuli v. Brigham & Women’s Hospital, Nos. 08-2026, 09-1597, 09-1603, 09-1731, Aug. 29, 2011 (1st Cir.)
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Choose words carefully — College administrator’s comment spurs ADA lawsuit
March / April 2012
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 783
Abstract: A mentally disabled worker for a community college had been repeatedly denied promotion. He filed a charge with the Equal Employment Opportunity Commission (EEOC). When he later asked a school HR official what he should be doing differently, he essentially was told he should not be suing his employer. This article explains why that comment endangered the college’s case when the worker later sued under the Americans with Disabilities Act (ADA). Citation: Dickerson v. Board of Trustees of Community College District No. 522, No. 10–3381, September 16, 2011 (7th Cir.)
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What did he say? — ADEA decision centers on employee’s alleged repeated verbal abuse
March / April 2012
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 1055
Abstract: When a 65-year-old employee resigned after alleged repeated age-related abuse, he filed suit, claiming a hostile work environment. However, this type of claim isn’t addressed in the Age Discrimination in Employment Act (ADEA), and the Fifth Circuit had never before held that Title VII could be used to address a claim of hostile work environment based on age. Nevertheless, the court held that a "plaintiff’s hostile work environment claim based on age discrimination under the ADEA may be advanced in this court." This article explains the court’s reasoning, while a sidebar shows why the court also concluded that the plaintiff had valid grounds for his "constructive discharge" claim. Citation: Dediol v. Best Chevrolet, Inc., No. 10-3076, Sept. 12, 2011 (5th Cir.). Crawford v. Medina General Hospital, No. 95-3243, Sept. 24, 1996 (6th Cir.)
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Dealer Digest
March / April 2012
Newsletter: Dealer Insights
Price: $225.00, Subscriber Price: $157.50
Word count: 431
Abstract: This issue’s “Dealer Digest” notes that forecasts of higher sales in 2012 might warrant an increased advertising budget. It also discusses the increasing attention of auto dealerships to mobile applications and social media.
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Building the “perfect” inventory — Keep it lean, but on the money
March / April 2012
Newsletter: Dealer Insights
Price: $225.00, Subscriber Price: $157.50
Word count: 664
Abstract: A dealership can’t afford to guesstimate the mix of cars and trucks it should keep in stock. This article looks at strategies that dealerships can follow to keep — and replenish — the perfect inventory. It discusses internal analysis, outside information sources and software tools that can help determine the kinds of vehicles that are in demand in specific regions.
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4 tips for securing financing
March / April 2012
Newsletter: Dealer Insights
Price: $225.00, Subscriber Price: $157.50
Word count: 780
Abstract: The economy may be brighter than it was a few years ago, but banks and other lending institutions may be reluctant to lend significant sums to auto dealerships unless they consider the risks to be minimal. This article offers four suggestions for convincing a lender that one’s business is creditworthy.
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Is a 401(k) right for your dealership?
March / April 2012
Newsletter: Dealer Insights
Price: $225.00, Subscriber Price: $157.50
Word count: 866
Abstract: Retirement savings plans are one of the biggest carrots a dealer can offer to its employees. This article reviews one of the most popular retirement savings plans — the 401(k). It discusses the advantages of 401(k)s and why employee contributions can strengthen a 401(k) plan as a recruiting and retention tool. A sidebar looks at some specific advantages offered by Roth 401(k)s, as opposed to traditional plans.
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Construction Success Story — Contractor uses JPM to pinpoint job productivity
March / April 2012
Newsletter: Contractor
Price: $225.00, Subscriber Price: $157.50
Word count: 520
Abstract: This issue’s “Construction Success Story” looks at the case of a contractor whose company was constantly scrambling to meet construction deadlines and racking up more labor hours than were budgeted. His advisor explained that the accounting measures that the contractor used to track his productivity didn’t allow him to make timely adjustments to his projects to fix productivity problems. He suggested instead that the contractor try using ASTM International’s new Job Productivity Measurement (JPM) standard — the first standardized metric for tracking construction productivity.
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Getting accountable with small tool reimbursements
March / April 2012
Newsletter: Contractor
Price: $225.00, Subscriber Price: $157.50
Word count: 728
Abstract: Many construction companies permit — even encourage — employees to buy their own small tools and then seek reimbursement from their employer. These companies can use this arrangement to gain some tax advantages and keep workers from unnecessarily incurring tax liability by making the plan “accountable” in the eyes of the IRS. This article explains the benefits of an accountable plan and the criteria that must be met.
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5 ways to boost your business development skills
March / April 2012
Newsletter: Contractor
Price: $225.00, Subscriber Price: $157.50
Word count: 478
Abstract: To maintain a healthy backlog of projects and stay afloat financially, it’s important to focus on bringing in new customers and projects. This article offers five ways to boost business development skills, including crunching the numbers and maximizing marketing efforts.
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Are you playing by the book? — A primer on construction accounting methods
March / April 2012
Newsletter: Contractor
Price: $225.00, Subscriber Price: $157.50
Word count: 1012
Abstract: Contractors have multiple accounting methods to choose from. But some are off-limits to certain contractors. This article looks at the cash and accrual methods and the requirements that construction companies must meet to use one or the other. It also discusses two of the most common long-term contract accounting methods — percentage-of-completion and completed-contract — while a sidebar notes that contractors who use the percentage-of-completion method need to “look back” when the contract is done.
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What’s the value of intellectual property?
March / April 2012
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 515
Abstract: A valuator’s conclusions depend on many factors, but these are particularly complex for intellectual property (IP) valuations. This article explains that the valuator must know what type of interest is being valued, and whether it’s being valued on a stand-alone basis or as part of an aggregation of assets. An IP asset’s value is also heavily influenced by its remaining useful life.
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When divorce enters the picture — A qualified valuation expert can make a huge difference
March / April 2012
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 745
Abstract: When a married couple parts ways and one or both spouses own an interest in a business, it’s critical that they retain valuation experts — or perhaps a joint expert — to value not only the business interests, but also other marital assets. This article explains why valuations in divorce differ from other types of valuations, along with the difference between an “expert” and a “consultant.” It also examines how appraisers handle goodwill and forensic accounting issues in a divorce valuation.
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Boltar illustrates the dangers of expert advocacy
March / April 2012
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 937
Abstract: In litigation, it’s critical for valuators and other expert witnesses to be objective, unbiased and reasonable. Experts who act as advocates for a party — and attorneys who urge them to do so — are asking for trouble. This article looks at a case in which a taxpayer’s experts greatly overvalued their client’s property, and the specific reasons why the Tax Court chastised them. A sidebar offers ways to ensure a valuation expert’s objectivity. Citations: Boltar, LLC v. Commissioner, No. 25954-08, April 5, 2011 (U.S. Tax Court)
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Owner salaries and how they affect lost profits
March / April 2012
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 713
Abstract: On paper, a company’s profits may bear little relationship to its actual financial performance, since C and S corporations often treat salaries differently. This can affect a company’s ability to recover lost profits damages, depending on state law. This article looks at the seemingly anomalous results that can occur if a company pays out most of its earnings as owner salaries. Citations: Anesthesiologists Associates of Ogden v. St. Benedict’s Hospital, 884 P.2d 1226, 1238, 1994 (Supreme Court of Utah). Bettius & Sanderson, P.C. v. National Union Fire Insurance Co., Nos. 87-3036, 87-3043, Feb. 17, 1988 (4th Cir.)
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What to look for in an appraiser
March / April 2012
Newsletter: Viewpoint on Value
Price: $225.00, Subscriber Price: $157.50
Word count: 388
Abstract: Many business owners and attorneys are unsure about what credentials to look for when they need a business appraised. This brief article uses some recent court decisions to illustrate the importance of formal business valuation experience as well as knowledge of the industry in question. Ringgold Telephone Co. v. Commissioner, T.C. Memo 2010-103, May 10, 2010; Michael Viner et al. v. Charles A. Sweet et al., No. B138149, Cal. App. 2d Dist., Sept. 28, 2001; R&R International v. Manzen LLC, 2010 WL 3605234, S.D. Fla., Sept. 12, 2010.