May / June
Showing 433–448 of 621 results
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Beware of pension pitfalls if terminating union contracts
May / June 2012
Newsletter: Contractor
Price: $225.00, Subscriber Price: $157.50
Word count: 526
Abstract: Some contractors may try to slash labor costs and payroll expenses by parting ways with workers whose price tags have exceeded their limits. If the employees in question are union laborers, this can be an expensive proposition for a construction company — especially if the union has a pension fund. As this article explains, concession bargaining can often convince trade unions to forgo or give back improvements in pay and conditions in exchange for job security. Other alternatives include petitioning for union decertification or setting up separate enterprises to take on union projects.
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That classic quandary: Buy, lease or rent?
May / June 2012
Newsletter: Contractor
Price: $225.00, Subscriber Price: $157.50
Word count: 723
Abstract: It’s a classic construction quandary: whether to buy, lease or rent equipment. This article examines the cost and tax implications of each option. Some combination of renting, leasing and buying may allow a construction company to meet both its short- and long-term equipment needs. Determining the right mix, however, requires careful evaluation of its needs and financial situation.
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Digging for treasure: How to unearth hidden assets
May / June 2012
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 360
Abstract: The global economy, combined with electronic banking and other technological advances, has made it easier than ever for litigants to conceal assets. Fortunately, financial experts have a number of techniques at their disposal to uncover these assets. This brief article discusses common tracing techniques, along with three net worth analysis methods.
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Helping businesses through worst-case scenarios — Key-person discounts estimate the value of a VIP
May / June 2012
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 742
Abstract: If a business depends greatly on just one or two people, a valuation discount may be appropriate to reflect the risk of damage to the business should such a key person die or otherwise leave the company. To determine whether the discount is warranted, a valuator will examine a wide variety of factors. This article lists those factors and explains how the valuator determines an appropriate discount.
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Medical practice valuations may have dangerous side effects
May / June 2012
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 1071
Abstract: The complex regulatory regime that governs health care relationships and transactions has a big impact on the valuation process — especially when a medical practice is being valued prior to sale. Concepts such as fair market value (FMV) and “commercial reasonableness” are critical to compliance with federal regulations. As a result, considerations of investment value or strategic value, which are common in other industries, may be inappropriate in the health care arena. This article shows how to correctly apply the income, market and asset approaches for a medical practice valuation, while a sidebar explains how a valuation serves as a powerful tool for diagnosing potential compliance issues.
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Patent infringement damages — Reasonable royalties can exceed expected profits
May / June 2012
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 709
Abstract: The U.S. Court of Appeals for the Federal Circuit continues to push the boundaries of reasonable royalty damages in patent infringement cases. This article looks at a case in which the court upheld a jury award based on reasonable royalties that were more than three times the plaintiff’s expected profits. It explains why the court ruled that a patentee’s profit expectations do not serve as a cap on reasonable royalties. Citation: Powell v. Home Depot, No. 2010-1409, -1416 (Fed. Cir. 11/14/2011)
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The critical difference between valuations and calculations
May / June 2012
Newsletter: Viewpoint on Value
Price: $225.00, Subscriber Price: $157.50
Word count: 309
Abstract: This brief article delineates the differences between valuations, which require a full range of appraisal procedures and approaches, and calculations, which are less comprehensive and more limited in scope. It’s important for potential users of appraisal reports to understand these distinctions in order to determine which type of report is most appropriate for their needs.
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Back to the future — Create a viable buy-sell agreement now
May / June 2012
Newsletter: Viewpoint on Value
Price: $225.00, Subscriber Price: $157.50
Word count: 856
Abstract: A business owner needs a buy-sell agreement to provide liquidity and an orderly transition in the face of unexpected change. This article discusses the importance of ensuring the agreement is properly thought out. Failing to clearly define how value is to be determined, and how often, can lead to disputes that may undo the benefit of having a buy-sell agreement in the first place. The article explains that employing experienced valuation professionals can help avoid these problems and help address share price and funding issues.
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Will your FLP be DOA? — Estate of Liljestrand provides some clues
May / June 2012
Newsletter: Viewpoint on Value
Price: $225.00, Subscriber Price: $157.50
Word count: 729
Abstract: The recent Tax Court case Estate of Liljestrand reads as a case study of what not to do with a family limited partnership (FLP). This article discusses the decision and points out some important lessons that can be gleaned from it, including the fact that attention to FLP formalities, retaining some personal assets outside the partnership, and obtaining a formal outside appraisal are key to withstanding IRS scrutiny. Case citation: Estate of Liljestrand, T.C. Memo 2011-259, November 2, 2011.
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When selling isn’t an option — Alternative strategies to recoup your investment
May / June 2012
Newsletter: Viewpoint on Value
Price: $225.00, Subscriber Price: $157.50
Word count: 838
Abstract: Some business owners expect to sell their companies when they retire. But in the current business climate, owners can’t rely on getting top dollar for their investment. This article notes that business owners may benefit from considering alternative exit strategies such as joint ventures, management buyouts, or employee stock option (ESOP) plans. The article looks at some creative exit strategies to enable business owners to avoid selling their business interests for less than a fair price.
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Why companies need unscheduled fraud audits
May / June 2012
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 645
Abstract: Because regularly scheduled audits give cheating employees time to hide their crimes, auditors typically don’t find occupational fraud schemes. That’s where unscheduled fraud audits come in. This article explains fraud detection methods and how surprise audits can both detect and deter employee theft.
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Thumbs up – Court takes business valuation guide’s advice
May / June 2012
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 674
Abstract: Courts often expect business valuation experts to rely, at least in part, on the value of comparable entities when making their calculations. But in late 2011, the California Court of Appeals allowed a business valuation based on “rules of thumb” multiples, rather than comparables. As this article shows, an expert applied a 42% multiplier to the plaintiff’s physical therapy business; but the appeals court, following a business reference guide, supported a 100% multiplier, citing various marketability factors and the business’s health.
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When is ESI production an undue burden?
May / June 2012
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 529
Abstract: Electronically stored information (ESI) has moved to the forefront of discovery. Yet some attorneys still struggle with ESI production, including the rules for opposing a request. This article looks at a recent federal district court case illustrating just how high the hurdle can be to prove undue burden. When the defendant company didn’t assert any specific objection to the plaintiff’s request for production of documents, but produced the requested ESI in PDF format, it learned that that wasn’t sufficient.
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Business interruption claims – Provide evidence of lost sales — not just lost production
May / June 2012
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 930
Abstract: Whether caused by negligence, breach of contract, terrorism or “acts of God,” the temporary interruption of a business can be financially damaging. When a company tries to recoup its losses from its insurer or the responsible party, it needs solid, comprehensive expert testimony — or it risks losing its claim. This article examines a case in which a metals manufacturer sued its insurer when, following equipment failure, it wasn’t satisfied with the progress of its claim for losses. But its case suffered when it didn’t identify existing or potential sales, or produce evidence showing it could sell existing inventory. A sidebar shows how CPAs calculate lost sales.
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Fraud in the footnotes – Omitted financial statement disclosures often tell tales
May / June 2008
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 741
Abstract: Omissions in the footnotes of financial statements may distort assets, revenues, liabilities and expenses. Such distortions can prove relevant to a range of legal matters, including shareholder disputes, D&O liability, and mergers and acquisitions. This article lists common types of fraudulent omissions and explains how forensic accountants unearth critical information. (Updated 3/31/12)
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Ask the Advisor – Should I use an FLP to transfer real estate to my heirs?
May / June 2011
Newsletter: Real Estate Advisor
Price: $225.00, Subscriber Price: $157.50
Word count: 431
Abstract: Recent tax law changes have prompted many owners to reassess their plans for transferring real estate and other assets to their heirs. One vehicle worth considering is the family limited partnership (FLP). It can help owners limit gift and estate taxes related to asset transfers, while still retaining some control over the property. This article examines the advantages and pitfalls of an FLP.