Valuation/Lit. sup./Fraud/M&A
Showing 1217–1232 of 1569 results
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Ask the Advisor – Q: What’s a minority stake deal and why should I consider one?
Year End 2010
Newsletter: Merger & Acquisition Focus
Price: $225.00, Subscriber Price: $157.50
Word count: 407
Abstract: Some companies are having trouble finding appropriate buyers in this uncertain economic environment. One alternative that prospective sellers — or businesses that simply need to raise substantial cash — might want to consider is allowing an individual investor to take a minority stake in the company. This article discusses the circumstances in which such deals might be advantageous.
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Courting private equity – Obstacles remain, but deals are possible
Year End 2010
Newsletter: Merger & Acquisition Focus
Price: $225.00, Subscriber Price: $157.50
Word count: 579
Abstract: The private equity (PE) sector represents possibly the largest prospective pool of business buyers today. Unfortunately, these buyers can be hard to reach. As this article explains, sellers need to know what PE firms are looking for and carefully craft deal proposals to their needs.
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How to keep your business in the family
Year End 2010
Newsletter: Merger & Acquisition Focus
Price: $225.00, Subscriber Price: $157.50
Word count: 630
Abstract: As business owners approach retirement they must make some important decisions about their company’s future: Sell, dissolve or transfer it to family members. But early preparation is essential, since this kind of business transfer involves several complicated issues — succession and estate and tax planning, not to mention family politics. This article discusses the importance of arriving at an appropriate valuation and preparing the best individuals to be successors.
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The promise and potential pitfalls of cross-border deals
Year End 2010
Newsletter: Merger & Acquisition Focus
Price: $225.00, Subscriber Price: $157.50
Word count: 829
Abstract: Once a rarity, international M&As are becoming more common every day. But cross-border M&As have even more ways to fall apart than do domestic deals. So sellers interested in attracting a foreign buyer and actually completing a deal must address their buyer’s needs and help them overcome cultural hurdles. This article offers suggestions to help accomplish this, while a sidebar discusses how cross-border deals returned with vigor in 2010.
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Reasonable royalty calculations demand sound expert analysis
November / December 2010
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 845
Abstract: Federal courts are cracking down on what they see as sloppy practices in calculating reasonable royalty damages in patent infringement cases. This article looks at one case in which an appeals court threw out an award of more than $500,000 and remanded the case for redetermination of damages. It explains the factors that led the court to determine that the award “relied on speculative and unreliable evidence divorced from proof of economic harm linked to the claimed invention.”
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Looking ahead and behind to determine lost earnings
November / December 2010
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 751
Abstract: When an employee is let go against his or her will, he or she may turn to litigation, seeking damages for lost earnings. Such damages also may be sought by a plaintiff who has suffered an injury that affects his or her ability to work. When placing a value on lost earnings, the valuator looks not only behind, at the plaintiff’s past earnings, but also ahead, estimating the plaintiff’s future earnings. This article explains the techniques involved.
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Valuation interviews help tell the whole story
November / December 2010
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 352
Abstract: Interviewing a company’s management team is a critical component of the valuation process. But a client’s CEO or other top executive may resist these interviews because of time constraints, confidentiality concerns, or fear of alerting employees to a major event, such as a sale or bankruptcy. Nevertheless, such interviews are important — this article explains why.
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Emerging from bankruptcy – Valuation is critical to a successful fresh start
November / December 2010
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 857
Abstract: Once a company emerges from bankruptcy, obtaining an accurate estimate of its reorganization value as well as the fair value of its assets will help ensure its survival. But, although traditional valuation principles and approaches apply, reorganization value is driven by negotiations between the debtor and its creditors, whose primary concern is how much they’ll be paid. As this article explains, valuators in a bankruptcy context must consider several complex, interrelated accounting standards.
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Critique, refute and save with rebuttal reports
November / December 2010
Newsletter: Viewpoint on Value
Price: $225.00, Subscriber Price: $157.50
Word count: 356
Abstract: In some circumstances, a written rebuttal report can be an alternative to a full-blown written appraisal, reducing the time and cost of obtaining an expert’s valuation opinion. This brief article lists some of the reasons valuation experts issue rebuttal reports, including to critique another valuator’s report, to help the attorney draft cross-examination questions for deposition and trial, and to help settle differences outside of court.
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The nuts and bolts of impairment testing
November / December 2010
Newsletter: Viewpoint on Value
Price: $225.00, Subscriber Price: $157.50
Word count: 752
Abstract: In today’s tumultuous economy, many companies have been forced to report impairment losses in accordance with Generally Accepted Accounting Principles. This article explains how valuators test for impairment, briefly describing several Financial Accounting Standards Board (FASB) statements and their implications for reporting both tangible and intangible asset impairment. The article notes that impairment testing is designed to give investors, lenders and other stakeholders fair warning of impending financial troubles and other problems as well as to fairly state balance sheet values.
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The search for hidden income in divorce valuation
November / December 2010
Newsletter: Viewpoint on Value
Price: $225.00, Subscriber Price: $157.50
Word count: 678
Abstract: Divorcing spouses frequently engage valuation experts to help divide their assets, particularly when the marital estate includes a private business interest. Emotions run high in divorce, and missing income is sometimes a problem. Such a charge may be baseless, but to determine whether a claim that a business is hiding income is justified or without merit, valuation and forensic accounting expertise can be key. This article lists some techniques financial experts may use to unearth buried cash and estimate how much an owner may not be reporting. The article points out that, in divorce valuations, family court judges seem to prefer independent appraisal expertise and analysis.
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What’s “fair” in shareholder disputes?
November / December 2010
Newsletter: Viewpoint on Value
Price: $225.00, Subscriber Price: $157.50
Word count: 1090
Abstract: The term “fair value” has many meanings. In this article, the focus is on its meaning in the context of a shareholder dispute. The article discusses how fair value is defined in this context in terms of appraisal rights statutes and the Model Business Corporation Act (MBCA), promulgated by the American Bar Association. It goes on to explain how valuators estimate fair value and address valuation subtleties that arise in shareholder disputes. A brief sidebar notes the helpfulness of sound buy-sell agreements in reducing shareholder conflicts.
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Putting a value on human capital
November / December 2010
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 555
Abstract: Clients may not immediately think of employees as assets with a financial value, but human capital is a quantifiable — and critical — part of a business’s worth. Companies may need a professional valuator to quantify human capital for a variety of reasons, including litigation. This article discusses three different approaches to doing so.
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Rule 26 amendments – Extending greater work product protections
November / December 2010
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 743
Abstract: The first amendments since 1993 to the expert provisions of Federal Rules of Civil Procedure Rule 26 are scheduled to take effect Dec. 1, 2010. They were proposed largely in reaction to certain practices that critics argued reduced the effectiveness of expert work. This article explains how the new amendments extend work product protections to the discovery of testifying experts’ draft reports — with three critical exceptions.
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Authentication issues: Who creates ESI?
November / December 2010
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 647
Abstract: Like all evidence, electronically stored information (ESI) must be authenticated before a court will admit it as evidence, and one of the threshold steps is establishing its owner/creator. Because electronic documents are often passed around to others for revision, it can be difficult to pin down ESI authorship. This article summarizes an industry group’s research that could help attorneys determine whether a piece of ESI will be acceptable in court.
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New report highlights the importance of antifraud controls
November / December 2010
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 773
Abstract: Employee fraud is one of the most significant threats to profitability — and the recently released report from the Association of Certified Fraud Examiners reinforces the severity of the threat. This article looks at some of the report’s findings regarding effective antifraud controls. A sidebar explains why one of the most effective antifraud tools is the surprise audit.