November / December

Showing 417–432 of 609 results

  • Does Title VII apply to the spouse of an illegal immigrant?

    November / December 2012
    Newsletter: Employment Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 923

    Abstract: Not long after a bank learned that one of its employees had joint accounts at the bank with a known undocumented alien — her husband — it fired her, concerned that fraudulent documentation may have been involved. She sued under Title VII, claiming national origin discrimination. The Seventh Circuit agreed with the lower court that it was the husband’s undocumented status, and not his national origin, that led to her discharge. The question then became whether Title VII protects against "alienage-based" discrimination. This article explains the court’s decision that it does not. Citation: Cortezano v. Salin Bank and Trust Company, No. 11-1631, May 21, 2012 (7th Cir.); Espinoza v. Farah Manufacturing Company, No. 414 U.S. 86, Nov. 19, 1973 (Supreme Court)

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  • Temp to perm — ADA case turns on severity of employee’s injury

    November / December 2012
    Newsletter: Employment Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 1128

    Abstract: After injuring her knee, a drugstore employee accepted an offer to return as a store manager — but with the understanding that she had some physical limitations. When her doctor decided that they were permanent, she was fired because she could "no longer perform the essential functions" of her job. She sued, alleging discrimination in violation of the Americans with Disabilities Act (ADA). The First Circuit examined whether these functions were indeed essential, and, if so, whether she could perform them with or without a reasonable accommodation. The Court decided against her, but a sidebar to this article discusses a case with a different outcome. Citation: Jones v. Walgreen Co., No. 11-1917, May 10, 2012 (1st Cir.); Valle-Arce v. Puerto Rico Ports Authority, No. 10-1102, July 8, 2011 (1st Cir.)

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  • No overtime for detailers, says the Supreme Court

    November / December 2012
    Newsletter: Employment Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 679

    Abstract: Do the job duties of pharmaceutical sales representatives, or "detailers," qualify for overtime pay under the Fair Labor Standards Act (FLSA)? That was the question set before the U.S. Supreme Court in one recent case. The U.S. Department of Labor (DOL) submitted an amicus brief in favor of the plaintiffs’ position, but this article examines the reasons why the Court was unpersuaded. Citation: Christopher v. SmithKline Beecham Corp., No. 11-204, June 18, 2012 (Supreme Court)

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  • Dealer Digest

    November / December 2012
    Newsletter: Dealer Insights

    Price: $225.00, Subscriber Price: $157.50

    Word count: 499

    Abstract: This issue’s “Dealer Digest” discusses a recently released Federal Trade Commission study showing that, when companies make “up to” claims about savings to consumers, many consumers are likely to expect the full “up to” results. It also discusses one survey that predicts solid sales growth for 2013, and another indicating that audio, entertainment and navigation systems were the most common complaint areas reported by new vehicle owners in the first 90 days.

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  • Should you expand your store’s hours?

    November / December 2012
    Newsletter: Dealer Insights

    Price: $225.00, Subscriber Price: $157.50

    Word count: 610

    Abstract: Dealerships that haven’t expanded into evening and/or weekend hours should consider the concept. They may be missing out on a profitable opportunity and not setting themselves above their competition. This article cites a recent survey showing that there has been a rise in service expansion during the recent recession. But it also shows how to determine whether the extra costs are justified.

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  • Compensation matters — Determining your own pay

    November / December 2012
    Newsletter: Dealer Insights

    Price: $225.00, Subscriber Price: $157.50

    Word count: 932

    Abstract: If sales are improving, it might be tempting for dealers to think now’s the time to give themselves a hefty and overdue pay increase. But they should keep in mind that the IRS is in the business of scrutinizing top executives’ salaries, bonuses and distributions or dividends. This article describes some factors to consider before setting new pay, pointing out that either overpaying or underpaying can invite IRS scrutiny, depending on whether the dealership is an S corporation or a C corporation. A sidebar notes that courts might impute reasonable (or replacement) compensation expense if a dealership is facing a lawsuit.

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  • Tips for setting and meeting your dealership’s 2013 goals

    November / December 2012
    Newsletter: Dealer Insights

    Price: $225.00, Subscriber Price: $157.50

    Word count: 668

    Abstract: Auto dealerships often find setting, monitoring and meeting objectives for the coming year to be difficult tasks. This article offers some advice for developing — and reaching — annual business objectives. It shows how to identify objectives and have them meet certain “S-M-A-R-T” criteria. It also looks at how to monitor progress and ensure the dealership is meeting its goals throughout the year.

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  • Construction Success Story — Local job prompts contractor to consider joint venture

    November / December 2012
    Newsletter: Contractor

    Price: $225.00, Subscriber Price: $157.50

    Word count: 484

    Abstract: In this issue’s “Construction Success Story,” a contractor considers proposing a joint venture with another area construction business. His financial advisor notes that such an arrangement can allow smaller construction businesses to split risks, increase bonding capacity and learn about newer, more sophisticated technologies. But he also shows the contractor how to avoid potential pitfalls.

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  • Are your contracts choking your cash flow?

    November / December 2012
    Newsletter: Contractor

    Price: $225.00, Subscriber Price: $157.50

    Word count: 705

    Abstract: Construction contracts — or, rather, the language therein — can start choking cash flow before work even begins. This article looks at some points to consider before signing on the next dotted line. It discusses negotiating a front-loaded billing schedule, achieving flexibility in retainage, clarifying the change order process, and matching cash outlays with receipts from the owner or general contractor.

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  • 5 questions contractors should ask before buying new technology

    November / December 2012
    Newsletter: Contractor

    Price: $225.00, Subscriber Price: $157.50

    Word count: 509

    Abstract: Contractors are constantly bombarded with offers of new and better technology. But it’s often hard for them to tell whether they really need the latest and greatest tech tool or are just trying to keep up with the Joneses. This article offers five questions that contractors need to ask before investing in anything — such as “What can this solution do for us?” and “Do we have the resources (and patience) to implement this technology effectively?”

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  • Strength in numbers — Why audited financial statements matter

    November / December 2012
    Newsletter: Contractor

    Price: $225.00, Subscriber Price: $157.50

    Word count: 974

    Abstract: Sound, trustworthy financial statements are key to any construction company’s success. That’s why every contractor should at least consider investing in audited financial statements. Many lenders and sureties require contractors to provide such statements before they’ll approve loans or bonding. Some local and state governments also provide increased work and project award capacity to construction companies with audited statements. This article discusses the contractor’s responsibilities during the audit process, while a sidebar explores the less thorough, but less expensive, options of a compilation or review.

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  • Why financial experts should explain themselves

    November / December 2012
    Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report

    Price: $225.00, Subscriber Price: $157.50

    Word count: 599

    Abstract: In a recent personal injury case, a federal district court excluded a financial expert’s testimony regarding the plaintiff’s loss of future earning capacity, finding the expert’s methodology unduly speculative. But the Sixth U.S. Circuit Court of Appeals reversed and ordered a new trial on damages. Why? Because it found that the lower court had confused the concepts of lost earning capacity and lost earnings. This article explains why it’s critical for financial experts to provide the reasoning behind their damages calculations when they testify. Citation: Andler v. Clear Channel Broadcasting, Inc., 670 F.3d 717 (6th Cir. 2012)

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  • Using regression analysis in litigation and valuation

    November / December 2012
    Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report

    Price: $225.00, Subscriber Price: $157.50

    Word count: 709

    Abstract: Financial experts often use regression analysis and other statistical techniques in calculating damages, determining causation and conducting business valuations. Regression analysis can be a powerful, persuasive tool. But it can also be dangerous in the wrong hands. This article discusses a federal court case in which a large damages award was thrown out because, according to the court, the expert’s regression analysis was so deeply flawed that it “should never have been allowed to be put before a jury.” Citation: ATA Airlines v. Federal Express, 665 F.3d 882 (7th Cir. 2011)

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  • When a business is being valued, consider the real estate

    November / December 2012
    Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report

    Price: $225.00, Subscriber Price: $157.50

    Word count: 684

    Abstract: If a client owns an office building or manufacturing facility, or any other type of real estate for that matter, it will affect the business’s value. So, the issue at hand is how? Finding out will generally require the input of both a business valuator and a real estate appraiser. This article explains the difference between the two and discusses situations in which the skills of one or the other, or both, may be most valuable.

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  • Rules of thumb: Do they have a place in business valuation?

    November / December 2012
    Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report

    Price: $225.00, Subscriber Price: $157.50

    Word count: 912

    Abstract: Business valuation rules of thumb may offer a rough indication of value that can be used to satisfy a business owner’s curiosity or to serve as a “reasonableness or sanity check” on results derived from other methods. But they fail to capture the specific characteristics of a business that drive its value, and so are no substitute for a comprehensive, formal valuation. This article explains what constitutes a rule of thumb and points out these rules’ limitations. A sidebar offers an example of a rule of thumb in action.

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  • When subsequent events count

    November / December 2012
    Newsletter: Viewpoint on Value

    Price: $225.00, Subscriber Price: $157.50

    Word count: 522

    Abstract: Private business appraisal must be based on information available at the required date of appraisal, according to Revenue Ruling 59-60. Valuators generally consider only information that is “known or knowable” on the valuation date. But there are exceptions to this rule. In a recent case, Estate of Jung v. Commissioner, the U.S. Tax Court made an important distinction between subsequent events that affect fair market value and those that provide an indication of value. This brief article explains this distinction and under what circumstances valuators may be able to use subsequent events in their analyses. Citation: Estate of Jung v. Commissioner, 101 T.C. 312, 1993

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