ADV
Showing 209–224 of 384 results
-
How to disable disability fraud – Predictive analytics and forensic tools are critical
March/April 2015
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 535
Abstract: The government isn’t the only organization that needs to worry about disability fraud. Many employers provide private disability insurance policies and self-employed individuals often purchase private disability coverage. Fraud perpetrators can file false claims under any of these types of policies. This article describes techniques that experts have for detecting such fraud.
-
Option pricing models help experts calculate DLOMs
March/April 2015
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 513
Abstract: The valuation of noncontrolling interests in a business can come up in many legal contexts. A critical step is determining an appropriate discount for lack of marketability (DLOM). One way to make that determination is to use option pricing models, which base the discount on the cost of an option to sell shares in the subject business. This article discusses three models experts frequently use: Chaffe, Longstaff and Finnerty.
-
Secrets of solid copyright infringement damages
March/April 2015
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 663
Abstract: Copyright damages can be some of the most complicated calculations damages experts make. Copyright holders generally are entitled to recover actual damages suffered as a result of infringement — measured by market value or lost profits. But, as this article explains, while the market value approach is relatively straightforward, most experts use the lost profits approach, which involves multiple elements that vary depending on the case’s circumstances.
-
Computing reasonable royalties – Court rejects deviation from “classic way”
March/April 2015
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 844
Abstract: Daubert challenges continue to trip up qualified financial experts who present unreliable testimony based on questionable methodologies. In one recent patent infringement case, the judge excluded all of the testimony of the plaintiff’s damages expert. This article explains why the court found problems with the foundation of the expert’s analysis, and also decided that his methodology was “flawed and unreliable.” As a sidebar discusses, the court faulted the expert’s inclusion of the so-called price effect in his analysis.
-
Back from the future – Discounting losses for lost profits damages
January / February 2015
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 552
Abstract: Increasingly, financial experts are asked to project damages for losses that a plaintiff will incur in the future and discount those losses to present value. Discounting comes into play in business litigation such as infringement and breach-of-contract cases. This article discusses how experts use discount rates and gives examples of common rates.
-
Warning signs of vendor fraud
January / February 2015
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 627
Abstract: Vendor fraud can be costly, involving losses of hundreds of thousands of dollars. So it’s important that businesses know how to spot it. This article looks at some of the most common schemes, including bid rigging and overcharging. A sidebar explains how procurement fraud differs from vendor fraud.
-
Valuing a professional practice requires in-depth analysis
January / February 2015
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 507
Abstract: When accountants and other professionals divorce, the amount of goodwill to include in the marital estate can become contentious. If expert testimony on the issue is inadequate, a court might look elsewhere for help, as it did in one recent divorce case. This article describes the case, in which part of the problem was that the partnership agreement of the husband’s firm lacked provisions addressing the valuation of a partner’s interest.
-
The latest in ESI: Discovery of mobile device data
January / February 2015
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 788
Abstract: Mobile devices have become an integral part of how people conduct business — and electronically stored information captured on such devices has become the target of discovery in all types of litigation. But collecting and reviewing this data presents substantial challenges. This article looks at those challenges, including one relating to a device’s ownership. A sidebar describes the vast array of data commonly found on today’s mobile devices.
-
Stopping business identity theft
November / December 2014
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 544
Abstract: For many business owners, their identity and their company’s identity are virtually the same, and a crook’s hijacking of the latter can have crippling effects on their personal and professional lives. This article explains the risks of business identity fraud and provides tips for preventing it, including how to enlist employees’ help.
-
Help ensure your solvency opinion holds up in court
November / December 2014
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 503
Abstract: The need for a solvency opinion can arise in a variety of litigation settings, including fraudulent conveyance, bankruptcy alter ego and due diligence actions. This article explains how such analysis questions management’s assumptions and projections and how experts apply three tests — balance sheet, cash flow and adequate capital — to determine solvency.
-
Follow the money: How experts calculate lost earnings damages
November / December 2014
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 591
Abstract: When calculating lost earnings damages, financial experts consider several components, including base earnings, retirement benefits and fringe benefits. This article talks about the data that experts review as well as how they handle such contentious issues as variable compensation (commissions, overtime and performance bonuses).
-
BIG deal – Tax Court rejects dollar-for-dollar discount, embraces NAV method
November / December 2014
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 806
Abstract: The debate over the appropriate valuation discount for the built-in gain (BIG) tax continues, with the U.S. Tax Court recently opposing a dollar-for-dollar discount. In Estate of Richmond, the Tax Court also explained that the net asset value (NAV) method is more appropriate than an income capitalization approach when valuing a marketable securities holding company. This article discusses the issues at stake. A sidebar explains why the estate was assessed a 20% penalty on its underpayment of tax.
-
Apple, Inc. v. Samsung Electronics Co., Ltd. – Tech giant learns the value of a financial expert
September / October 2014
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 418
Abstract: After a jury initially awarded Apple about $1 billion in a case against Samsung, the district court ordered a retrial on damages. Apple’s own damages experts concluded that it wasn’t eligible for lost profits, but Apple declared — less than 24 hours before the retrial was to begin — that it intended to argue for those lost profits anyway. This article explains why the court excluded Apple’s new lost profits theory.
-
Keys to ESI authentication
September / October 2014
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 598
Abstract: Electronically stored information (ESI) has assumed a prominent role in commercial and other types of litigation. Like any evidence, it must satisfy the rules for authentication, but it requires sufficient evidence to establish that it hasn’t been changed since its creation or a particular relevant date. This article describes several types of ESI authentication, including hashing, metadata and digital signatures.
-
Confirming worst suspicions – Hire a forensic expert to find hidden assets
September / October 2014
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 603
Abstract: Deceptive spouses — and other parties to litigation — often are experts at hiding assets. To uncover such machinations, forensic accountants use their specialized expertise to gather relevant data, scour it for anomalies and prove that the opposing party is being dishonest. This article explains methods they use to ferret out assets.
-
Full valuation vs. calculation of value – Which one does your client need?
September / October 2014
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 813
Abstract: Attorneys engage appraisal experts to provide both full valuations and calculations of value. While the two may sound the same, full valuations are preferable in certain circumstances, such as litigation and estate and gift tax filings. This article describes the information provided in a full valuation that’s not included in a calculation of value. While the latter approach may be preferable in some situations, a sidebar describes one example of courts’ preferences for full valuations.