Advocate's Edge / Litigation Support
Showing 161–176 of 384 results
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ESOP litigation – Qualified experts preempt breach of fiduciary duty claims
March / April 2017
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 423
Abstract: Transactions involving ESOPs are complicated and can pose significant risk to those involved. This article summarizes a district court ruling in a recent ESOP case that shows how the use of a qualified valuation expert can help protect trustees from liability under ERISA. Fish v. GreatBanc Trust Co., No. 09 C 1668. N.D. Ill., September 1, 2016
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4 types of financial statement adjustments
March / April 2017
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 649
Abstract: Information presented on a company’s financial statements may not always be meaningful from a valuation perspective. This article provides four types of valuation adjustments experts make to get a clearer picture of the company’s financial position, market risk and ability to generate cash flow in the future — and it explains when such adjustments may be appropriate.
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To catch a thief – ACFE report highlights most effective methods of detecting fraud
March / April 2017
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 551
Abstract: Every two years, the ACFE conducts an extensive analysis of occupational fraud. This article highlights various trends that are consistent across borders and time — and demonstrates how the findings can help steer efforts to detect fraud in all types of organizations.
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Can a court allow an expert to partially testify on damages?
March / April 2017
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 901
Abstract: The U.S. Court of Appeals for the Second Circuit recently revived a massive securities fraud class action that had been dismissed by a district court in July 2014. This article explains why the appellate court found exclusion of the expert’s entire testimony to be improper, though it agreed that some of the testimony could be barred. A sidebar addresses the inconsistent application of the inflation-maintenance theory of liability by federal appellate courts. In re Pfizer Securities Litigation, No. 14-2853-cv, 2d Cir., April 12, 2016 In re Vivendi, S.A. Securities Litigation, Nos. 15-180-cv, -208-cv, 2d Cir., September 27, 2016 IBEW Local 98 Pension Fund v. Best Buy Co., 818 F.3d 775, 8th Cir., April 12, 2016
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Fraud watch – The skinny on skimming
January / February 2017
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 439
Abstract: Cash is an obvious target for dishonest employees bent on fraud. In addition to stealing cash on hand directly, dishonest employees may resort to thefts of cash receipts, such as skimming. This article explains how skimming works and what clients can do to prevent and detect it.
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3 tests to analyze solvency
January / February 2017
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 687
Abstract: Solvency is generally defined as a business’s or individual’s ability, at a specific point in time, to meet its long-term interest and repayment obligations. A company’s solvency may come into play in fraudulent conveyance, bankruptcy alter ego and due diligence actions. This article highlights the three tests that experts apply when preparing a solvency opinion. All three of these tests must be passed for a company (or debtor) to be considered solvent.
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Predictive coding: The future is now
January / February 2017
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 541
Abstract: Increasingly, courts are approving the use of predictive coding, especially in cases involving mountains of electronically stored information. This article helps attorneys understand what predictive coding is and how it can be used in litigation, including its advantages and disadvantages.
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Can you recycle a valuation? Court rules report for divorce can’t be reused for bankruptcy
January / February 2017
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 837
Abstract: Every valuation report is created as of a specific time and for a specific purpose, which may affect the standard of value an expert uses. That’s why a single valuation report can’t necessarily be recycled for multiple purposes without an expert’s express written consent. This article describes a recent bankruptcy case in which the court decided that a valuation report prepared for the business owner’s divorce proceeding couldn’t be used to confirm a bankruptcy repayment plan. A sidebar shows how courts may use the buyout provisions of a shareholders’ agreement to establish the value of a business interest. In re Cole, Bankr. E.D. Va. No. 15-30979-KLP, March 24, 2016
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Unlocking the key person discount
November / December 2016
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 400
Abstract: Businesses of all sizes sometimes rely heavily on one or two key employees. Valuations of such companies may include a key person discount, and courts have allowed them in certain cases. This article discusses what a key person discount is and some of the factors valuators consider in estimating it, including the key person’s responsibilities, the degree of dependence on the key person and the likelihood of losing him or her. The article also notes that it’s important that valuators avoid the pitfall of double dipping when incorporating key person risk into a valuation.
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Clean sweep – Check for fraud and get your house in order
November / December 2016
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 640
Abstract: A fraud sweep at the end of the year can pinpoint weaknesses in internal controls and uncover ongoing losses that may be going unnoticed. This article lists some of the signs, such as doctored, forged or missing documents, that fraud may be occurring. It also explains that forensic accountants are trained to recognize these signs and to help management find any fraud perpetrators and ensure ongoing internal controls remain effective.
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Failure to value goodwill invalidates nonsolicitation agreement
November / December 2016
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 585
Abstract: The value of a private business is instrumental in many legal scenarios, including property settlements in divorce cases and damages calculations in business litigation. But valuation also may be critical in less obvious matters, like the validity of nonsolicitation agreements. This article looks at a recent ruling in Monarch Healthcare Inc. v. Orr that illustrates the importance of hiring an objective valuation professional to allocate a portion of a business’s purchase price to goodwill. The case shows that failure to do so could invalidate noncompetes and nonsolicitation clauses, depending on state law and the type of business involved. Monarch Healthcare Inc. v. Orr, No. G050463, Jan. 20, 2016 (Cal. App.)
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Spotlight on electronic evidence – Social media analytics takes center stage
November / December 2016
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 803
Abstract: As online activities and communities have become an integral part of many people’s lives, attorneys have clamored for a way to get a handle on the massive amounts of data on social media platforms like Twitter and Facebook, among others. This article explains how experts in social media analytics can provide valuable assistance throughout litigation, from investigation to jury selection. The article points out that social media analytics can assist attorneys and their clients in identifying relationships and unearthing information they could spend months looking for manually and still miss. A sidebar notes that social media analytics also helps companies conduct internal investigations of employees.
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Court rejects adjustment for tax consequences of a possible sale
September / October 2016
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 421
Abstract: Whether business value should be adjusted for taxes associated with a possible sale continues to be subject to debate among the courts. This brief article looks at a recent divorce case where the appellate court determined that taxes due at disposition were too speculative to consider. Nieman v. Nieman, No. 1-15-30, Dec. 14, 2015 (Ohio App.)
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Determining the value of human capital
September / October 2016
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 654
Abstract: A trained, skilled and innovative workforce able to work as a team to achieve strategic goals is worth its weight in gold to any employer. There are many circumstances, such as business combinations, divorce or shareholder disputes, in which companies might find it useful to determine the value of this intangible asset. This article explains how valuation professionals can provide objective market data and financial analysis to help support a human capital appraisal.
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Smartphones: The next fraud frontier
September / October 2016
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 570
Abstract: As smartphones have become a standard part of life for much of the population, they’ve also now become a standard target for hackers and other individuals with fraud-related intent. This article explains some of the risks associated with smartphones and shares some protective measures that users and administrators can take to reduce the odds of damaging attacks.
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Compare and contrast – Using the yardstick method to estimate a start-up’s damages
September / October 2016
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 840
Abstract: The yardstick method, which bases economic damages on the performance of comparable “guideline” companies, is a tried-and-true approach for estimating damages, but it has its limits. This article discusses a recent case where a federal district court did allow expert testimony that calculated damages for a start-up company based on comparisons with its market’s leader. Nevertheless, as a sidebar explains, the court cited a different case as “a worthy illustration of allowing a questionable yardstick analysis” to be presented to the court. Washington v. Kellwood Co., 105 F.Supp.3d 293 (S.D.N.Y. 2015) Celebrity Cruises Inc. v. Essef Corp., 478 F.Supp.2d 440 (2007)