2009
Showing 625–640 of 678 results
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No time like the present – Discounting future damages
January / February 2009
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 597
Abstract: In commercial cases, plaintiffs often recover lost profits they would have earned in the future but for the defendant’s wrongful conduct. In those contexts, experts typically discount future damages to present value. This article explains the importance of recognizing the impact discounting can have on a damage award — and the dangers of overlooking it. The article explains how valuation experts approach their calculations of lost profits damages.
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Occupational hazards: An internal fraud update
January / February 2009
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 1149
Abstract: This brief article highlights some recent trends found in the Report to the Nation on Occupational Fraud & Abuse published in 2008 by the Association of Certified Fraud Examiners (ACFE). These trends include a rise, since 2006, from 5% to 7% in occupational fraud in U.S. organizations. In addition, the report notes that small businesses continue to be more vulnerable to fraud and that the industries most often hit include banking and financial services, government and health care.
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What are the options when valuing share-based compensation?
January / February 2009
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 1156
Abstract: Recently, employee stock options (ESOs) have lost some of their allure as a compensation tool. New mandatory expensing of ESOs highlights the importance of choosing an appropriate option-pricing model as well as the challenge of valuing these options in closely held companies. This article explains that selecting the wrong model can significantly distort stock option value and, therefore, the company’s reported net income. The article points out that the traditional Black-Scholes approach may not adequately reflect outstanding ESOs’ impact on the value of a closely held company.
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Before and after – Court paints picture of lost profits and other calculations
January / February 2009
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 1150
Abstract: In Floorgraphics Inc. v. News America Marketing In-Store Services Inc., the U.S. District Court for the District of New Jersey provided valuable insight into the “before-and-after” method, guideline company use, and marketability discount availability. This article discusses the ins and outs of the case, noting the importance of demonstrating in court that financial experts’ methods are reliable in order to better defend them against attacks on their reliability in the form of Daubert challenges. Case citation: Floorgraphics Inc. v. News America Marketing In-Store Services Inc., No. 04-3500 (D.N.J. 02/04/2008).
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For ADA protection, must an employee request accommodation?
January / February 2009
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 629
Abstract: The question before the Second Circuit was whether an employer’s failure to accommodate an employee’s disability violated the Americans with Disabilities Act, even though he hadn’t asked for a specific accommodation. The court held that employers have a duty to reasonably accommodate an employee’s disability when the disability is obvious — that is, when employers knew or reasonably should have known that an employee was disabled. Brady v. Wal-Mart Stores, 531 F.3d 127 (2d Cir. 2008)
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Husband alleges retaliation after wife settles FMLA suit
January / February 2009
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 808
Abstract: The question before the Fifth Circuit was whether the husband of an employee who had settled a lawsuit against their mutual employer could sue for retaliation after he was denied several promotions. The court upheld dismissal of his suit on grounds that protections provided by the Family and Medical Leave Act didn’t apply because he hadn’t alleged that he ever provided any information connected to his wife’s suit or alleged that he was discriminated against as a result of testimony he gave or was about to give. Elsensohn v. St. Tammany Parish Sheriff’s Office, 530 F.3d 368 (5th Cir. 2008)
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FBI agent says PTSD interfered with the major life activity of sleeping
January / February 2009
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 816
Abstract: In this article, the District of Columbia Circuit held that an employee who suffered from post-traumatic stress disorder (PTSD) had presented sufficient evidence for a jury to conclude that he was disabled and that PTSD substantially interfered with the major life activity of sleeping. Desmond v. Mukasey, 530 F.3d 944 (D.C. Cir. 2008)
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Against the clock – Proximity of harassment complaints to firing is key in retaliation case
January / February 2009
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 732
Abstract: Could a plaintiff who had complained of sexual harassment two months before being fired succeed in bringing a retaliation claim? This article explains why the Eighth Circuit ruled that two months was too long to support an inference of a causal connection. Van Horn v. Best Buy Stores, 526 F.3d 1144, 1149 (8th Cir. 2008)
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For what it’s worth: Valuation in the courts – IRS plays role reversal in charitable contribution case
Winter 2009
Newsletter: Valuation Concepts
Price: $225.00, Subscriber Price: $157.50
Word count: 616
Abstract: In charitable contribution cases, taxpayers want property appraised as high as possible to maximize their deductions. Meanwhile, the IRS seeks low appraisals for assets donated to charities to maximize tax receipts. But, in a recent charitable contribution case, the IRS reversed its usual role, arguing in favor of hefty discounts for lack of control and marketability. The result may be surprising. Citation: Bergquist, et al v. Commissioner, 131 T.C. No. 2, July 22, 2008.
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What factors determine company-specific risk?
Winter 2009
Newsletter: Valuation Concepts
Price: $225.00, Subscriber Price: $157.50
Word count: 700
Abstract: Valuation is both art and science. When financial data and empirical research aren’t enough, appraisers typically make subjective assessments to bridge the gap — for example, when quantifying company-specific risk. This article looks at what factors appraisers consider to estimate company-specific risk.
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FASB 141(R), Business Combinations – Revised accounting standard has valuation implications
Winter 2009
Newsletter: Valuation Concepts
Price: $225.00, Subscriber Price: $157.50
Word count: 1191
Abstract: The accounting rules for mergers, acquisitions and other types of business combinations underwent a major overhaul in December 2007. The revised standard, Financial Accounting Standards Board (FASB) Statement No. 141 (revised), Business Combinations, or FASB 141(R), is effective for fiscal years beginning after December 15, 2008. This article revisits the subject of business combination in light of the new standard, exploring its valuation implications.
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Turning a critical eye … 7 questions to ask about an appraisal report
Winter 2009
Newsletter: Valuation Concepts
Price: $225.00, Subscriber Price: $157.50
Word count: 784
Abstract: The content and format of business valuation reports may differ somewhat depending on appraiser preferences, firm protocol and the requirements of any professional organizations to which the appraiser belongs. But many of the underlying analyses and explanations are similar. This article suggests seven questions to ask that can help ensure an appraiser has covered all the bases.
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CLB Quickcase – Bannaoun Engineers v. Mackone Development – Stop notice costs contractor in the long run
January / February 2009
Newsletter: Construction Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 361
Abstract: Subcontractors with claims for extras on public works jobs sometimes seek to increase their leverage in settlement negotiations by asserting liens on project funds for inflated amounts. Their hope is that the general contractor will have to negotiate their claims quickly in order to get the government to continue making progress payments on the project. But, as a recent California case demonstrates, such tactics often backfire.
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Neighbor helping neighbor leads to AIA contract dispute
January / February 2009
Newsletter: Construction Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 492
Abstract: Many great communities have been built on the concept of neighbors helping neighbors. But when a construction project enters the picture, it doesn’t take much for things to go awry. A recent Connecticut decision provides a case in point.
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Yesterday’s promises – Doctrine of merger can create pitfalls for the unwary
January / February 2009
Newsletter: Construction Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 609
Abstract: In the course of developing real estate, transactions often consist of a combination of real estate contract documents and construction contract documents. Not surprisingly, such a plethora of paperwork can lead to confusion, assumptions and misperceptions — particularly when a legal dispute develops. So went a recent Georgia case.
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Policy limits: Even owners can’t insure against faulty work
January / February 2009
Newsletter: Construction Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 505
Abstract: Generally, a contractor can’t buy insurance covering losses caused by its own faulty work. The same principle applies to building owners — if damage to a building results from faulty construction work, the owner’s property insurance likely won’t cover the loss. A recent Nebraska case provides an example.