Advocate's Edge / Litigation Support
Showing 177–192 of 384 results
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The cost of equity – Does size matter in business valuation?
July / August 2016
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 426
Abstract: Some business valuators apply a “size premium” when estimating the cost of equity. The underlying theory is that investors might require additional returns for increased risk associated with investments in smaller companies. But whether the premium is appropriate remains subject to debate. This article looks at the pros and cons of both sides.
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Technology’s dark side: How to prevent ACH fraud
July / August 2016
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 629
Abstract: The popularity of the Automated Clearing House (ACH) network, which provides unprecedented payment convenience, is undeniable. But the same technology that enables consumers to easily make electronic payments can also easily be abused by the unscrupulous. This article describes forms of ACH fraud and suggests preventive measures companies and individuals can take to reduce their vulnerability to such crimes.
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IRS issues new guidance for attorneys’ fees and costs in IRS proceedings
July / August 2016
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 563
Abstract: The IRS recently released new guidance providing for awards to taxpayers for their reasonable administrative and litigation costs if they substantially prevail in proceedings involving the agency. In addition, the IRS offers more information detailing processes specific to pro bono representation. This article lists the provisions most likely to be of interest to attorneys and their clients and notes the dates these regulations become effective.
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Using the “leakage” theory to show loss causation in securities litigation
July / August 2016
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 867
Abstract: A recent class action lawsuit gave the Seventh Circuit Court of Appeals the opportunity to weigh in on the “leakage model” for estimating stock price inflation. This article summarizes the case, noting that, although the court upheld the leakage model’s viability, it ultimately found that the evidence didn’t account for the possibility that non-fraud-related information could have affected the share price decline. A sidebar discusses what it means to make a false statement in connection with the purchase or sale of securities in violation of the SEC’s Rule 10b-5.
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How not to quantify “external obsolescence”
May / June 2016
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 438
Abstract: In a recent Minnesota Supreme Court case, a business challenged the property tax assessment on its ethanol plant. External obsolescence is a measure of a property’s loss in value as a result of factors beyond the physical boundaries and beyond the owner’s control. While it remanded the case, the court was careful not to mandate a particular methodology or endorse either party’s calculation.
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What’s behind the curtain? Recognize the importance of M&A due diligence
May / June 2016
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 632
Abstract: In the world of mergers and acquisitions (M&As), it’s critical that buyers get to know sellers and their top executives, test their representations about asset condition and financial performance, and ferret out common fraud schemes. This article offers tips on how to know if a seller is truly an ally and whether certain “creative” accounting or financial misstatements are misleading.
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Valuation vs. lost profits – Quantifying damages for breach of fiduciary duty
May / June 2016
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 606
Abstract: Business valuations can play a critical role in many types of litigation. But those valuations have certain limits. This article discusses how one trial court handled a valuation analysis.
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Court upholds reasonable royalty testimony
May / June 2016
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 788
Abstract: This article covers a case regarding reasonable royalty damages and the methodology involved in determining them. It involves a patent that’s related to processing digital content. Summit, the patent owner, sued Samsung for patent infringement. The article includes a sidebar regarding other methods used for reasonable royalty calculations.
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Do you have clients who are victims of elder fraud?
March / April 2016
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 424
Abstract: As the Baby Boomer generation become senior citizens, it’s critical that they understand that they might become prey for dishonest people. Exact statistics on elder financial abuse are hard to come by, largely because victims hesitate to report it for fear of embarrassment. This article uncovers the good, the bad and the ugly when it comes to elder fraud.
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“Double dipping” might sometimes be OK in divorce cases
March / April 2016
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 661
Abstract: “Double dipping” is generally understood as the double counting of a marital asset in a marital dissolution — once in the property division and again in the spousal support award. But, courts may frown on double dipping. This article discusses a recent case, where the Ohio Court of Appeals rejected not only this definition of “double dipping” but also its previous holding prohibiting double dipping.
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Getting into the nitty-gritty when it comes to punitive damages
March / April 2016
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 589
Abstract: Determining appropriate punitive damages can be challenging for judges and juries. Why? Because it is sometimes difficult to effectively punish wrongdoers — and deter them from committing similar acts in the future — but not so much that the punishment outweighs the crime. This article digs into several questions regarding punitive damages, such as who’s responsible, what were the profits and so forth.
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Growth plays a critical role in DCF valuations
March / April 2016
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 837
Abstract: Valuators often turn to the discounted cash flow (DCF) method when appraising a new or growing business. This technique allows for significant flexibility in assumptions about growth. Moreover, it also can be useful when valuing struggling companies that are in a state of flux. This article explains the DCF method and the qualitative and quantitative factors involved. A sidebar takes a closer look at growth and the terminal value.
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BIG time – Calculating the discount for imbedded capital gains on C corporations
January / February 2016
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 411
Abstract: In recent years, courts have increasingly allowed experts to apply a discount for the tax liability related to built-in gains (BIGs) when determining a C corporation’s value for tax purposes. Yet some dispute remains regarding how to properly calculate the BIG discount. This article discusses the “Dollar-for-dollar” vs. “Present value” issue.
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Hunting for misplaced “goods” – Fraud experts can help recover lost items
January / February 2016
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 629
Abstract: One of the most difficult administrative tasks for retailers, manufacturers and contractors is keeping tabs on their inventory. New items are purchased from suppliers, items are sold to customers, obsolete and damaged items are written off, and markdowns periodically occur. Tracking work-in-progress inventory, if applicable, only adds to the complexity. This article explains how a fraud expert monitors inventory and exposes any irregularities — and may advise hiring an outside inventory firm to perform the count and value the inventory.
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A strategic undervaluation can come back to bite you
January / February 2016
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 616
Abstract: Reusing discounted financial projections prepared for transfer tax purposes can backfire in a shareholder dispute. A recent opinion from the Delaware Court of Chancery shows the importance of allowing valuators to arrive at their own independent conclusions. This article discusses the case, in which a corporation mounted an unsuccessful defense against a valuation challenge.
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Costly business – Shareholder damages in securities litigation
January / February 2016
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 836
Abstract: Securities litigation can be costly to public companies, especially when the shareholders band together in class actions to accuse companies and their boards of directors of inflating stock prices through material misrepresentations or omissions. Calculating damages in securities fraud cases can be quite complicated and even vulnerable to attack by opposing parties. This article explains why a shareholder must evaluate the options and a financial expert must establish loss causation. A sidebar notes that, when computing shareholder damages in securities litigation, financial experts often use models that rely on event studies.