Valuation/Lit. sup./Fraud/M&A
Showing 1457–1472 of 1569 results
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Cross-border M&As – Don’t let people power become people problems
Year End 2008
Newsletter: Merger & Acquisition Focus
Price: $225.00, Subscriber Price: $157.50
Word count: 843
Abstract: Managing the legal, financial and operational details of any acquisition can be arduous, and that’s doubly true of foreign transactions. But among the greatest challenges cross-border buyers face are the “people” issues — including cultural differences and local labor laws and regulations. This article discusses strategies for coping with human resource issues that could trip up a deal.
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Get smart about intellectual property
Year End 2008
Newsletter: Merger & Acquisition Focus
Price: $225.00, Subscriber Price: $157.50
Word count: 917
Abstract: Intellectual property (IP) is a central, even defining, asset for many companies, and some M&A deals hinge on gaining access to IP assets such as patents, copyrights, trademarks and trade secrets. This article tells sellers how to prepare IP for buyer scrutiny — including being ready to demonstrate legal rights to this intangible property. And it instructs buyers to perform careful due diligence so that they can be sure they’ll get what they’re paying for.
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Unemployment compensation – Calculating damages for lost earnings
November / December 2008
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 858
Abstract: At first glance, calculating lost earnings damages may appear simple, but in many cases it’s deceptively complex. This article discusses how a valuation expert estimates these damages and notes the many factors he or she considers in establishing or opposing lost earnings damages. The article points out that experience and expertise are key to ensuring all the bases are covered.
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FLP and FLLC updates – Taxpayers enjoy some important victories
November / December 2008
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 882
Abstract: Family limited partnerships (FLPs) and family limited liability companies (FLLCs) have long been popular business and estate planning vehicles for transferring minority interests. The IRS has frequently challenged these vehicles. But two recent cases have shown that properly structured FLPs and FLLCs can withstand IRS scrutiny. This article summarizes these two cases, Estate of Mirowski and Astleford v. Commissioner, which provide valuable guidance on the type of facts that can support a taxpayer’s position.
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Valuing IP assets: A team approach
November / December 2008
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 373
Abstract: IP rights — especially patents and copyrights — encourage innovation and creative pursuits by giving owners exclusive rights to exploit the economic benefits of their work for a specific period of time. This brief article explains how valuators estimate an asset’s remaining useful life by studying the historical life cycles of comparable IP assets.
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It ain’t over ’til it’s over – Postclosing disputes in M&A transactions
November / December 2008
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 1200
Abstract: Mergers and acquisitions (M&As) are complicated transactions, and getting from letter of intent to closing takes time — sometimes several months or longer. During that time, things can — and usually do — change, leading to potential disputes concerning the purchase price or the target company’s financial position. This article explains the types of disputes that can arise and the covenants used to address potential conflicts. The article shows how bringing financial experts in early can help avert disputes or resolve matters to help the deal go through without a hitch. (Updated 8/29/12)
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A closer look at rebuttal reports
November / December 2008
Newsletter: Viewpoint on Value
Price: $225.00, Subscriber Price: $157.50
Word count: 429
Abstract: Valuators don’t generate a full-blown valuation report for every valuation assignment. Sometimes a rebuttal report will suffice. This brief article summarizes a few scenarios in which a rebuttal report might come in handy, including in unearthing discrepancies and preparing for trial.
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Valuators can help smooth the rocky terrain of divorce
November / December 2008
Newsletter: Viewpoint on Value
Price: $225.00, Subscriber Price: $157.50
Word count: 968
Abstract: Early involvement of financial experts in marital dissolution matters facilitates the discovery process. It encourages information sharing and helps resolve financial settlements. This article uses a fictional case study to illustrate the ways financial experts can help throughout the divorce process from discovery to settlement.
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Discounted cash flow basics — A bird in the hand is worth two in the bush
November / December 2008
Newsletter: Viewpoint on Value
Price: $225.00, Subscriber Price: $157.50
Word count: 1020
Abstract: Valuators use discounted cash flow (DCF) analysis when applying the income approach, which derives value from anticipated future earnings. A key component of any DCF analysis is the discount rate, which is the rate of return used to convert a future monetary sum into its present value. This article describes the ins and outs of discount rates and how valuators support these rates with market data and credible methodology.
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No discounts allowed – Court applies standard to shareholder oppression case
November / December 2008
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 810
Abstract: Discounts for lack of control and marketability generally aren’t applied when valuing interests in the context of a shareholder dissent case. But, in Edler v. Edler, a Wisconsin court recently extended the principle to a shareholder oppression case, and as a result based the plaintiff’s award on the fair value of the corporation. This article summarizes the facts and findings of the case and discusses the implications.
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Tax Court calculates its own values in FLP case
November / December 2008
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 1031
Abstract: In recent years, the U.S. Tax Court has heard its share of cases challenging the legitimacy of family limited partnerships (FLPs). In early 2008, though, it was presented with an FLP case in which the IRS merely challenged the taxpayer’s valuation. The court in Astleford v. Commissioner ultimately decided to pick and choose from the opposing experts’ conclusions to calculate its own values. This article explains how the court arrived at its numbers and what it could mean for taxpayers.
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E-discovery – Structured data calls for specialist attention
November / December 2008
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 849
Abstract: Some attorneys have learned the hard way that e-discovery often means gathering and analyzing millions of bytes of information. Although much attention has been focused on discovery of “unstructured data” such as e-mail and documents, e-discovery also encompasses “structured data,” a category that includes human resource system and enterprise resource planning data. As this article argues, proper retrieval and handling of structured data differs from that associated with unstructured data sources and usually requires the assistance of a specialist.
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Ask the Advisor – Q: What do I need to consider when acquiring a business in a regulated industry?
October / November 2008
Newsletter: Merger & Acquisition Focus
Price: $225.00, Subscriber Price: $157.50
Word count: 494
Abstract: When buying a business in a government-regulated industry, companies must think about any regulatory issues early in the transaction, and be prepared to discuss them when they draft their letter of intent. This column advises buyers to look into licensing requirements, consider the best deal structure given the industry’s regulations regarding asset deals, and include in the letter a right to terminate should regulators refuse consent. (Updated 5/7/12)
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Justifiable risk? The dangers and rewards of cross-border acquisitions
October / November 2008
Newsletter: Merger & Acquisition Focus
Price: $225.00, Subscriber Price: $157.50
Word count: 883
Abstract: International acquisitions can provide companies with many advantages, including a broader customer base, cross-selling opportunities, new distribution channels and improved access to rapidly developing markets. But even as overseas M&As offer these potential rewards, they also present serious risks such as costly cultural misunderstandings, imprecise valuations, and inflation, exchange rate and tax issues that reduce anticipated profits.
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Destination: M&A success – An integration manager can help get you there
October / November 2008
Newsletter: Merger & Acquisition Focus
Price: $225.00, Subscriber Price: $157.50
Word count: 781
Abstract: Even the most strategically justified transaction can capsize if it’s not well implemented. This makes the postmerger integration phase critical. To help guide them through this tumultuous period, many companies are using internal talent — leaders who already have employee confidence and respect — as integration managers. This article explains the integration manager’s role and the experience and qualities he or she needs to fill it. (Updated 5/7/12)
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What to do when a buyer backs out
October / November 2008
Newsletter: Merger & Acquisition Focus
Price: $225.00, Subscriber Price: $157.50
Word count: 718
Abstract: M&A transactions can fail to cross the finish line for a variety of reasons. A seller may not be able to substantiate earnings to the buyer’s satisfaction, or the buyer may discover that synergies for long-term value just aren’t there. Whatever the reason for a deal’s demise, a jilted seller can become financially and operationally stranded. It needs, as this article discusses, to act quickly to preserve its future. Sellers must consider negotiating with the buyer or, possibly, litigation, and they need to communicate with their important stakeholders. (Updated 7/31/12)