Valuation/Lit. sup./Fraud/M&A

Showing 1393–1408 of 1569 results

  • Estate planning – Are valuation discounts in danger?

    May / June 2009
    Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report

    Price: $225.00, Subscriber Price: $157.50

    Word count: 399

    Abstract: Concerned about potential abuses of valuation discounts, the Congressional Joint Committee on Taxation (JCT) has proposed certain reforms that would limit the ability of families to take advantage of these discounts for transfer tax purposes under certain circumstances. This article explains one bill in Congress that would incorporate some of the JCT’s recommendations.

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  • It’s not that easy: Determining how costs affect lost profits

    May / June 2009
    Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report

    Price: $225.00, Subscriber Price: $157.50

    Word count: 911

    Abstract: Lost profits are a common measure of damages in commercial litigation, and in many cases they’re the only form of recovery that can truly make a plaintiff whole. Establishing the amount of lost profits requires the parties to estimate what the plaintiff would have earned but for the defendant’s alleged misconduct. This article takes a look at a hypothetical example of how lost profits can be determined.

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  • Forensic experts aid e-discovery

    May / June 2009
    Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report

    Price: $225.00, Subscriber Price: $157.50

    Word count: 455

    Abstract: In many cases, the most effective method of identifying relevant documents is to conduct keyword searches of a party’s electronically stored information (ESI). This article shows why a forensic expert who understands search techniques and is familiar with the types of documents being sought can be invaluable in this effort.

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  • “Fair value” in a troubled economy

    May / June 2009
    Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report

    Price: $225.00, Subscriber Price: $157.50

    Word count: 957

    Abstract: Last year, Financial Accounting Standards Board (FASB) Statement of Financial Accounting Standards (SFAS) No. 157 took effect. The statement, entitled Fair Value Measurements, provides guidance on measuring fair value for purposes of several accounting standards, and establishes a “fair value hierarchy” that emphasizes market-based valuation methods. This article explains how it works. A sidebar discusses a few opportunities to explore in this down economy.

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  • Joint appraisal: The power of one

    May / June 2009
    Newsletter: Viewpoint on Value

    Price: $225.00, Subscriber Price: $157.50

    Word count: 454

    Abstract: This brief article points out that a joint appraisal can be useful in some situations, including divorce, by facilitating information sharing to streamline the valuation process and minimize divergent opinions. In fact, some jurisdictions mandate the use of a joint appraiser when the marital estate includes a privately held business interest. The article notes the potential pitfalls, but suggests that using a joint appraiser can often save both money and time.

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  • Bridging the gap between public and private firms

    May / June 2009
    Newsletter: Viewpoint on Value

    Price: $225.00, Subscriber Price: $157.50

    Word count: 708

    Abstract: Transactions of public company shares can sometimes represent good benchmarks for appraisers valuing private businesses, but many privately held business owners wonder whether it’s even possible to compare small businesses with large, publicly traded corporations. While the two types of businesses differ significantly, experienced valuation professionals understand the differences — and how to account for them with well-thought-out, supportable adjustments. This article explains the distinctions between the two types of companies and how appraisers can use public market data as a resource to value even the smallest private company.

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  • Ready, set, go — How to ensure your valuation goes as planned

    May / June 2009
    Newsletter: Viewpoint on Value

    Price: $225.00, Subscriber Price: $157.50

    Word count: 905

    Abstract: Miscommunication and ambiguity early in the valuation process can be frustrating and costly later. This article presents some issues business owners and attorneys should discuss with prospective valuators, including the company’s entity type, size and industry classification code, the appropriate standard of value for the purpose, and what type of report format will best suit their needs. The article notes that it’s best to summarize the assignment’s scope and establish an understanding of the appraiser’s duties and responsibilities in an engagement letter up front.

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  • Can goodwill hold up in a bad economy?

    May / June 2009
    Newsletter: Viewpoint on Value

    Price: $225.00, Subscriber Price: $157.50

    Word count: 1126

    Abstract: Privately owned companies can’t escape the effects of a slowed economy — for instance, the possibility of impaired values. Goodwill and other indefinite-lived (and long-lived) intangible assets may decline in value. Impaired values might require corrective action to conform with Generally Accepted Accounting Principles (GAAP). This article discusses several recent standards, including Financial Accounting Standards Board Statement of Financial Accounting Standards (SFAS) No. 157, Fair Value Measurements, which provide guidelines for impairment testing. The article points out that valuators are often called in to handle these assignments because they are familiar with current standards and can add objective credibility to the process for auditors.

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  • What to expect from your financial expert

    May / June 2009
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 512

    Abstract: While working in the areas of dispute resolution, litigation and potential litigation, financial experts wear many hats. To ensure the quality of these experts’ litigation support services, the American Society of Appraisers has issued nonbinding guidelines on the proper role of the independent financial expert. This article discusses the guidelines, including the reasons financial experts are engaged and the procedures they should follow when conducting an assignment.

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  • FLP update – Surviving the latest IRS challenge

    May / June 2009
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 1077

    Abstract: For years, the IRS has used a variety of tactics to challenge family limited partnerships (FLPs). In 2008, it took a relatively new approach — arguing that transfers of partnership interests in an FLP were actually taxable indirect gifts of the assets held by the FLP. But the U.S. Tax Court rejected the IRS’s argument, as well as its claim that the “step transaction” doctrine applied, in the latest case to consider this argument, Gross v. Commissioner. This article summarizes the facts and findings of Gross and suggests ways practitioners can help an FLP survive IRS challenge.

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  • Rocky economy alters the valuation landscape

    May / June 2009
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 637

    Abstract: The ripple effect of the global economic downturn has reached the realm of business valuation. As the value of real estate and businesses in many industries has dropped dramatically, valuators have been forced to change some of their methods. This article explains how declining values are affecting how appraisers approach estate, divorce and merger and acquisition valuations. These experts, for example, may advise delaying the estate valuation date as late as the law allows or move up divorce court dates.

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  • Occupational fraud report: The usual suspects?

    May / June 2009
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 1145

    Abstract: The Association of Certified Fraud Examiners’ latest Report to the Nation on Occupational Fraud and Abuse collected and summarized information on almost 1,000 cases of employee fraud. The report’s results can help businesses and their legal counsel understand how demographics, job responsibilities and level of authority are connected to certain types of fraud and, thus, limit losses. This article outlines the demographic characteristics, job responsibilities and income levels of people who are more likely to commit fraud. It also provides tips on spotting red flags of an active fraud scheme.

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  • Ask the Advisor – Q. Should I sign a TSA when I sell my business?

    April / May 2009
    Newsletter: Merger & Acquisition Focus

    Price: $225.00, Subscriber Price: $157.50

    Word count: 432

    Abstract: This column defines transition services agreements (TSAs) as legal contracts in which a business buyer agrees to pay the seller a fee to maintain specific services for the business after the deal closes. It also explains why TSAs appeal to both parties. They free buyers from immediate responsibility for all of an acquisition’s operations and help speed up the deal process — meaning sellers get paid faster.

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  • Look out! – Spotting the signs of a troubled deal

    April / May 2009
    Newsletter: Merger & Acquisition Focus

    Price: $225.00, Subscriber Price: $157.50

    Word count: 845

    Abstract: M&A transactions are long — and delicate — processes, and there’s plenty that can go wrong before they close. This article helps both buyers and sellers spot signs of trouble, such as cultural incompatibilities, employee battles over customer accounts and management positions, and unchecked rumors circulating among stakeholders, including vendors and investors.

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  • Never too early – Start preparing your business for sale now

    April / May 2009
    Newsletter: Merger & Acquisition Focus

    Price: $225.00, Subscriber Price: $157.50

    Word count: 805

    Abstract: Most business owners are too consumed with the day-to-day responsibilities of running a company to have time to prepare it for eventual sale. This article advises owners to plan ahead and start thinking about what a potential buyer may seek in an acquisition, such as name recognition or solid balance sheets. Businesses should perform a self-analysis, streamline operations as much as possible and scrutinize themselves through the eyes of competitors and strategic partners.

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  • When to sell a division or subsidiary

    April / May 2009
    Newsletter: Merger & Acquisition Focus

    Price: $225.00, Subscriber Price: $157.50

    Word count: 767

    Abstract: One of the best ways a company can weather a weak economy is to streamline operations through the divestiture of divisions or subsidiaries. This article discusses the potential benefits of selling a unit, explains why it’s easier to sell a subsidiary than a division and suggests ways to find a buyer by targeting companies operating in the same product niche or a complementary sector.

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