Valuation/Lit. sup./Fraud/M&A
Showing 1137–1152 of 1569 results
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A valuator’s insight into buy-sell agreements
September / October 2011
Newsletter: Viewpoint on Value
Price: $225.00, Subscriber Price: $157.50
Word count: 945
Abstract: Buy-sell agreements provide much-needed protection when an owner involuntarily leaves — or voluntarily wants out of the business. A comprehensive agreement not only defines the term “value,” but it also incorporates buyout terms and includes provisions for various buy/sell scenarios and contingencies. This article explains the importance of a valid buy-sell agreement and the significant role an appraiser plays in ensuring the agreement is sound — thus minimizing potential conflicts down the road. A sidebar discusses using key-person insurance to fund buyouts.
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Economic damages – The choice between lost profits and lost business value
September / October 2011
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 744
Abstract: Arriving at a damages award for a plaintiff’s loss of economic benefits may involve calculating lost profits, lost business value and, in some cases, both. But, as this article notes, the distinction between lost profits and lost value can be confusing. Attorneys need to understand the difference and when each method might apply so their clients don’t accidentally “double dip” when calculating damages.
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Calculation vs. valuation: A critical difference
September / October 2011
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 496
Abstract: Attorneys and their clients sometimes ask professional valuators to provide preliminary estimates — called “calculations” — rather than full-fledged business appraisals. Such requests might save money up front, but this article discusses a recent Iowa case that illustrates why calculations are no substitute for valuations.
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6 principles for better database management
September / October 2011
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 699
Abstract: As more and more organizations store information in searchable databases, disputes over the discovery of that data have become increasingly common in civil litigation. This article notes that, in response, the Sedona Conference — an influential think tank of leading jurists, lawyers, experts and consultants — has developed six principles to simplify discovery of database information and clarify the obligations of both requesting and producing parties.
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Fraud experts “like” social media evidence — with good reason
September / October 2011
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 848
Abstract: Thanks to the surging popularity of social networking media, investigators can now tap into a wealth of potential evidence that was nearly impossible to find only a few years ago. This article discusses the fact that many people are posting incriminating material online, and summarizes the regulatory limitations that apply when it comes to obtaining evidence from social media. A sidebar looks at the use of “social network analysis” (SNA) to detect sophisticated fraud schemes.
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Ask the Advisor – Q. How can we conduct due diligence without raising antitrust issues?
August / September 2011
Newsletter: Merger & Acquisition Focus
Price: $225.00, Subscriber Price: $157.50
Word count: 401
Abstract: Buyers and sellers must exchange proprietary information about their companies during the due diligence stage of an M&A transaction. But such information-sharing can raise antitrust issues for companies that have a substantial market share. This article lists several questions that M&A participants should ask regarding information that, if shared, might lead to antitrust claims.
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The agreement zone – Finding a solution for sale price standoffs
August / September 2011
Newsletter: Merger & Acquisition Focus
Price: $225.00, Subscriber Price: $157.50
Word count: 647
Abstract: Price stalemates can be frustrating and potentially hazardous to your deal, but they’re also common. If negotiations are handled carefully, a disagreement over price shouldn’t be insurmountable. This article looks at how seller misconceptions and changing market conditions can contribute to price stalemates and how both parties can get closer to what some experts call “the zone of possible agreement.”
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Integrating your acquisition – Now may be the time to raise product prices
August / September 2011
Newsletter: Merger & Acquisition Focus
Price: $225.00, Subscriber Price: $157.50
Word count: 671
Abstract: For business buyers, the integration stage of an acquisition can be the most labor-intensive. But it’s important to focus on the prices of the newly merged company’s products and services, because this can help improve gross margins significantly. This article explains why it’s important to start planning early, gather good data and consider standardizing discounts.
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How to sell your startup — and avoid making rookie mistakes
August / September 2011
Newsletter: Merger & Acquisition Focus
Price: $225.00, Subscriber Price: $157.50
Word count: 823
Abstract: It may sound counterintuitive, but startup companies can be in a strong position to sell. From a larger buyer’s perspective, they’re often inexpensive relative to the strategic advantages they offer. But buyers hoping to sell need to capture buyer interest — as well as avoid making rookie mistakes that could knock down the selling price. This article examines what buyers are looking for, along with several pitfalls for sellers to avoid. A sidebar lists factors involved in estimating an offering price for a company with little historical performance.
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Widespread market participation leads to more securities fraud
Summer 2011
Newsletter: Expert / Valuation & Litigation Concepts
Price: $225.00, Subscriber Price: $157.50
Word count: 423
Abstract: According to the FBI, widespread participation in the markets has led to more securities fraud. This article discusses Ponzi schemes, along with broker scams that result in suitability or churning claims. Qualified financial experts can play a critical role in helping victims recover some of their losses.
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Which valuation adjustments are acceptable in divorce?
Summer 2011
Newsletter: Expert / Valuation & Litigation Concepts
Price: $225.00, Subscriber Price: $157.50
Word count: 674
Abstract: In marriage dissolutions, family courts don’t always embrace U.S. Tax Court precedent regarding ordinary income taxes, capital gains and valuation discounts. This article looks at one recent case that illustrates the dichotomy between valuations prepared for tax purposes and those prepared for divorce cases. It shows that tax adjustments and valuation discounts that are common in Tax Court cases may be denied. Often, out-of-court settlements provide more predictable outcomes. Shuck v. Shuck, No A-10-170, Jan. 25, 2011 (Neb. App. N.W. 2d) Grace v. Grace, 221 Neb. 695, 380 N.W.2d 280 (1986)
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Getting a grasp on the value of intellectual property
Summer 2011
Newsletter: Expert / Valuation & Litigation Concepts
Price: $225.00, Subscriber Price: $157.50
Word count: 652
Abstract: Valuing an intangible asset such as intellectual property (IP) isn’t easy. But appraisers do have ways of estimating the value of assets such as patents, copyrights and trademarks. This article discusses the three common valuation methods, along with additional factors that are considered when valuing patents or other IP.
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An objective eye – Financial experts can play a valuable role in coping with bankruptcy
Summer 2011
Newsletter: Expert / Valuation & Litigation Concepts
Price: $225.00, Subscriber Price: $157.50
Word count: 830
Abstract: Should a company find itself in severe financial distress, assembling the right team of advisors may help mitigate the situation. A financial expert can play an integral role on such a team, providing an objective eye regarding valuation, finance, accounting and expert witness issues. This article shows how, after stabilizing the immediate cash flow situation, a financial advisor addresses such issues as liquidation, reorganization, divestiture or sale, and shareholder buyouts. A sidebar looks at forced vs. orderly liquidations.
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Valuing a business with significant real estate assets
July / August 2011
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 529
Abstract: Often, a business’s value is closely linked to the value of its real estate. If that’s the case, a valuation approach that yields separate values for the business and the real estate may produce more accurate results. This article explains the impact of real estate on business value and the methodology involved in separate valuations.
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Patent infringement damages – Federal Circuit gives thumbs down to “25% rule”
July / August 2011
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 735
Abstract: In a recent case involving infringement of an antipiracy software registration system, the Federal Circuit affirmed the district court’s grant of a new damages trial because the award was “fundamentally tainted by the use of a legally inadequate methodology.” This article explains the court’s repudiation of the oft-used “25% rule of thumb.” Citation: Uniloc USA Inc. v. Microsoft Corporation, 632 F.3d 1292 (Fed. Cir. 2011). Georgia-Pacific Corp. v. United States Plywood Corp., 318 F. Supp. 1116 (S.D.N.Y. 1970), modified and aff’d, 446 F.2d 295 (2d Cir. 1971).
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3 ways to communicate with a valuation professional
July / August 2011
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 632
Abstract: Nothing’s more frustrating than sitting down for a consultation with a valuation professional and failing to fully understand the process and how an appraiser arrives at a certain value. To avoid miscommunication, this article offers three simple instructions: listen to the valuator’s explanation of the various standards of value; define valuation parameters; and develop an engagement letter.