ADV
Advocate’s Edge
Showing 1–16 of 392 results
-
Evaluating a valuation expert’s credibility
March / April 2024
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 444
Abstract: In a recent marital dissolution case, the husband learned a hard lesson about the importance of a business valuation expert’s objectivity and reliability. This article summarizes why the Court of Appeals of Iowa affirmed the lower court’s credibility determination, which favored the valuation prepared by the wife’s expert. In re Marriage of Marasco, No. 22-0847 (Iowa App. June 7, 2023).
-
Beware: Using AI could trigger FTC Act violations
March / April 2024
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 550
Abstract: Today, many businesses are using artificial intelligence (AI) to improve products, increase operational efficiency and help differentiate them in a crowded marketplace. However, the use of AI in products, services and advertising could inadvertently mislead or harm consumers. This article explains risk-management strategies for businesses that use AI to help them avoid triggering violations of the Federal Trade Commission (FTC) Act.
-
FAQs about goodwill impairment
March / April 2024
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 658
Abstract: Economic uncertainty is taking its toll on many industries. Companies that report goodwill on their balance sheets must periodically evaluate whether the fair value of those assets has fallen below the reported book value. If so, they must report an impairment loss under U.S. accounting rules. This article provides answers to common questions about impairment write-offs.
-
Zamfir v. Casperlabs, LLC – How failure to quantify damages can result in dismissal of IP claims
March / April 2024
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 890
Abstract: Litigants may sometimes be reluctant to pay for damages experts, especially early in the process. But a qualified expert can be a valuable ally when making claims related to intellectual property. This article shows how a blockchain researcher might have benefited from consulting with a qualified expert before filing claims with the U.S. District Court for the Southern District of California related to the use of his trademark. A sidebar explains why the researcher’s claims were also dismissed under state law. Zamfir v. Casperlabs, LLC, No. 21-CV-474 (S.D. Cal. Oct. 25, 2022).
-
Buyback provision bites law firm partners
January / February 2024
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 431
Abstract: When crafting shareholders’ agreements, it’s important to incorporate the appropriate valuation language to ensure equitable shareholder buyouts. This article discusses a recent case in which two law firm shareholders were left in the cold after their firm merged. A New York trial court found they were owed only $100 each for their shares in the old firm. Laurilliard v. McNamee Lochner, P.C., No. 904245-22 (N.Y. Supr. Ct. June 29, 2023).
-
Insurance fraud: Warning signs of potential scams
January / February 2024
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 598
Abstract: Although businesses potentially can become victim to a variety of schemes intended to bilk insurance companies and workers’ compensation funds, on-the-job injury and property-casualty fraud are the most common. This article highlights specific clues that fraud experts use to uncover dishonest behavior. In addition to investigating claims, these experts can help prevent such fraud from happening in the first place.
-
FAQs about solvency opinions
January / February 2024
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 636
Abstract: Amidst ongoing economic volatility, a growing number of small businesses have become insolvent. What happens to a creditor if one of its customers becomes insolvent? Sometimes creditors of liquidating companies have trouble recouping what they’re owed. This article discusses common questions regarding solvency and how a solvency opinion can help creditors determine whether a liquidating debtor can meet repayment obligations.
-
LCT Capital, LLC v. NGL Energy Partners LP – Court splits its verdict on admissibility of expert opinions
January / February 2024
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 905
Abstract: Financial experts are often called on to help clients determine economic damages in commercial litigation. In a recent damages-only trial for a quantum meruit case, the court tackled a slew of motions aimed at limiting the testimony of opposing damages experts. This article summarizes the court’s rulings, which shed valuable light on how attorneys and experts should approach such cases. LCT Capital, LLC v. NGL Energy Partners LP, No. N15C-08-109 MAA (Del. Superior Ct. Dec. 22, 2022).
-
Beware of the corporate opportunity doctrine
November / December 2023
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 428
Abstract: Under the corporate opportunity doctrine, an agent of a corporation can’t divert or exploit for the agent’s own benefit an opportunity that’s the principal’s opportunity. This article summarizes a recent case in which a New York trial court found the majority owners of a successful sports bar misappropriated a “corporate opportunity” when they used lease buyout proceeds to relocate the bar and start a new corporation to run it. O’Mahony v. Whiston, No. 652621/2014. (N.Y. Cty., Feb. 15, 2023).
-
How to reduce frauds from C-suite executives
November / December 2023
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 562
Abstract: The largest fraud losses typically come from people in positions with the highest authority — owners and executives. A recent study by the Association of Certified Fraud Examiners reports that the median loss from these fraud schemes was $337,000, compared to $50,000 for rank-and-file workers. This article discusses ways to reduce executive-level fraud risks by focusing on the three critical elements of the fraud triangle: motive, opportunity and rationalization.
-
FAQs about valuing human capital
November / December 2023
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 682
Abstract: The term “human capital” refers to a trained and assembled group of workers who know how to operate equipment, follow the company’s policies and procedures, innovate to build new products and services, and work together as a team to achieve the company’s strategic goals. Human capital is often an unreported — but valuable — asset that can be difficult to appraise. This article discusses the types of human capital assets, how to value them and when a valuation might be needed.
-
Estate of MacElhenny v. Commissioner – Claims against decedent didn’t reduce the estate’s value
November / December 2023
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 862
Abstract: The U.S. Tax Court recently ruled that an estate couldn’t deduct the value of two consent judgments entered against the decedent. This article explains why the U.S. Tax Court sided with the IRS, ruling that the judgments didn’t qualify as “bona fide” claims against the estate. A sidebar highlights the Tax Court’s rejection of the estate’s argument that entry by a state court makes judgments bona fide claims. Estate of MacElhenny v. Commissioner, Nos. 12981-19, 12982-19 (Tax Ct. March 15, 2023).
-
Apportionment: Does your damages expert understand this legal concept?
September / October 2023
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 451
Abstract: In Niazi Licensing, the U.S. Court of Appeals for the Federal Circuit excluded the testimony of a damages expert on the proper royalty rate for an infringed method patent. This article summarizes the case and explains where the expert went wrong. Niazi Licensing Corp. v. St. Jude Medical S.C., Inc., No. 21-1864 (Fed. Cir. April 11, 2022).
-
Due diligence is critical when buying a distressed business
September / October 2023
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 563
Abstract: In the aftermath of the COVID-19 pandemic and the ensuing market volatility, some businesses are struggling to survive. This article explains that a distressed business may be a prime target for a takeover — but due diligence is critical to avoid overpaying.
-
Ransomware attacks on the rise
September / October 2023
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 619
Abstract: Cyber insurance providers — including Marsh and Resilience — are reporting upticks in ransomware claims in 2023. This article highlights this trend and provides best practices for preventing and responding to these attacks.
-
Estate of Cecil v. Commissioner – Tax Court permits tax affecting of S corp earnings
September / October 2023
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 857
Abstract: The debate about tax affecting when valuing pass-through entities for federal gift and estate tax purposes continues. “Tax affecting” refers to the practice of reducing a business’s projected future earnings for hypothetical corporate income taxes. This article explains why the U.S. Tax Court reluctantly allowed tax affecting in a recent case. Estate of Cecil v. Commissioner, T.C. Memo. 2023-24 (Tax Ct. Feb. 28, 2023). Gross v. Commissioner, T.C. Memo. 1999-254, aff’d, 272 F.3d 333 (6th Cir. 2001).