Valuation & Litigation Briefing / Litigation & Valuation Report
Showing 161–176 of 385 results
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Experts can help reduce headaches in reduction-in-force cases
March / April 2017
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 452
Abstract: When an employer significantly reduces its workforce, there’s a risk that terminated employees will allege unlawful employment discrimination. This article shows that using a financial expert to audit a reduction-in-force plan can help reduce the risk of litigation and find meaningful correlations between terminations and nondiscriminatory factors, such as computer skills.
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Forecasts vs. projections: What’s the difference?
March / April 2017
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 637
Abstract: Valuations are often based on estimates of expected cash flow made by a company’s management. It’s important to evaluate whether expected cash flow seems reasonable and appropriate given the purpose of the valuation. This article explains how forecasts and projections differ — and why choosing the wrong type of prospective financial statement can have a big impact on value.
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Avoiding pitfalls when estimating lost profits
March / April 2017
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 560
Abstract: When calculating lost profits in commercial litigation, it’s critical to understand how costs are treated in the relevant jurisdiction. This article explains variable and fixed costs — and how the deductibility of the latter may vary in different courts. RKR Motors v. Associated Uniform Rental & Linen Supply, 995 So. 2d 588, Fla. App. 3rd Dist., 2008
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Know the differences between fair market value and fair value
March / April 2017
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 863
Abstract: The terms “fair value” and “fair market value” are sometimes used interchangeably. To a business valuation professional, however, they have very different meanings. This article explains the IRS definition of fair market value and how it’s used as a starting point for determining fair value in shareholder disputes and divorce cases. A sidebar shows how the meaning of fair value differs in a financial reporting context.
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Making a federal case out of trade secrets
January / February 2017
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 450
Abstract: The Defend Trade Secrets Act of 2016 creates federal subject matter jurisdiction over civil actions for trade secret misappropriation. This article summarizes the key advantages and provisions of the new law, including the expanded legal remedies and immunity notice requirements for employees, contractors and consultants.
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ACFE report: Awareness can help fight fraud
January / February 2017
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 598
Abstract: For the last 20 years, the Association of Certified Fraud Examiners (ACFE) has published a biennial study to raise awareness about occupational fraud. This article summarizes key findings from the 2016 Report to the Nations on Occupational Fraud and Abuse, including the costs and duration of fraud, common scams, and detection and prevention methods.
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Estate of Giustina – Tax Court slashes value of FLP interest
January / February 2017
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 854
Abstract: Family limited partnerships (FLPs) can be effective estate planning tools. This article discusses a recent U.S. Tax Court case in which the value of a 41% FLP interest for estate tax purposes was reduced from approximately $27.5 million to just under $14 million on remand from the U.S. Court of Appeals for the Ninth Circuit. A sidebar highlights a recent IRS proposal that threatens to limit (or possibly even eliminate) valuation discounts on FLPs and other family-controlled businesses. Estate of Giustina v. Commissioner, T.C. Memo. 2016-114, June 13, 2016
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How much is a minority interest in an S corporation worth? IRS job aid compiles guidance on valuing pass-through entities
January / February 2017
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 709
Abstract: Generally, S corporations pay no entity-level federal taxes on their income. Instead, an S corporation’s income and deductions flow through to the interest holders, who are responsible for the entity’s federal income tax liability. This article introduces an IRS job aid that compiles guidance on how these pass-through tax attributes may affect the value of noncontrolling interests in these entities. It concludes that valuing these interests necessitates a custom approach that’s evolving over time. Gross v. Commissioner, T.C. Memo. 1999-254, aff’d. 272 F. 3d 333 (6th Cir. 2001), cert. denied, 537 U.S. 827 (2002)
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Framing damages – Financial experts put punitive damages into context
November / December 2016
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 438
Abstract: Without a framework for determining punitive damages, judges and juries could potentially award damages in business litigation that are excessive or inadequate. Appropriate punitive damages depend on factors such as the level of “reprehensibility” of the defendant’s conduct. This brief article shows how damages experts can help courts make their determination.
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What can a rebuttal report do for you?
November / December 2016
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 642
Abstract: When courts or shareholders question valuation results or the conclusions of opposing experts are widely divergent, a rebuttal report can bring much-needed objectivity. This article discusses various uses of rebuttal reports and situations in which they can be useful. It also explains how to determine the best rebuttal report format for a particular situation.
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Fair value case addresses a mix of valuation issues
November / December 2016
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 652
Abstract: In a recent statutory fair value case, a New York trial court addressed several important valuation issues in connection with the buyout of a minority owner of two limited liability companies. This article explains that, though decisions in statutory appraisal actions are state specific, the case raises interesting issues and teaches a universal lesson about the value of formal training. Verghetta v. Lawlor, No. 59346/2014, N.Y. Sup. Ct. (3/9/16)
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Follow the money: How lifestyle analysis reveals the truth
November / December 2016
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 866
Abstract: One of the most effective weapons in a forensic accountant’s arsenal is lifestyle analysis. This article talks about how experts seeking hidden assets and income sources conduct such analysis. It discusses several techniques, including the bank deposits, expenditures and asset methods. A sidebar illustrates how tax returns can be used as an investigative tool.
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Qualified settlement funds provide significant tax advantages
September / October 2016
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 405
Abstract: Lawyers for both plaintiffs and defendants should consider using qualified settlement funds (QSFs) to achieve smoother, more tax-efficient settlements. A QSF is a trust designed to hold settlement funds pending distribution to one or more plaintiffs. This brief article discusses the potential advantages of using QSFs.
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Reasonable compensation – IRS job aid offers guidance
September / October 2016
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 708
Abstract: The reasonableness of a business owner’s compensation is an issue in many valuation and litigation contexts. The IRS publication Reasonable Compensation: Job Aid for IRS Valuation Professionals can be a useful resource. This article lists the various situations in which reasonable compensation issues might arise and provides guidance to valuators about which approaches are most effective in those situations.
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Where’s the money? Ensuring fair outcomes in divorce cases
September / October 2016
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 594
Abstract: Allegations of hidden assets, or even fraud, can muddy the waters and heighten tension in divorce cases, making a fair resolution difficult. Especially when a private business interest is involved, valuation and forensic accounting expertise is key in helping spouses equitably divide their assets. This article discusses some strategies moneyed spouses sometimes use to attempt to hide business assets, delay revenue recognition or overstate expenses.
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Proving lost profits with “reasonable certainty”
September / October 2016
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 841
Abstract: Recovering lost profits generally requires a plaintiff to establish three elements: causation, foreseeability and reasonable certainty. The meaning of the third element, “reasonable certainty,” can vary significantly depending on the particular case. This article looks at the distinctions courts make and notes some factors they consider in determining reasonable certainty, including whether the business is established or unestablished, and the relevance of management projections. A sidebar offers a case study. Inspectronic Corp. v. Gottlieb Skanska Inc., 2016 N.Y. Slip Op. 00155 (N.Y. App. Div. 1/13/2016)