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A Tale of Two Depositions

Maintaining Professionalism Under Pressure and Under Oath Different legal professionals can use vastly different deposition techniques. John R. Markel shares two starkly different experiences with depositions, and details how to prepare yourself for the standard questions as well as how to cope with curveballs. ...

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Patent Holder Sues Apple Over Quick Look File Viewer —c:net

WhitServe Alleges that Mac OS X Infringes on a Patent it Holds for "Sequentially Opening and Displaying Files in a Directory."  Steve Musil at c:net  reports that WhitServe, which owns intellectual property but doesn't make any real products, is suing Apple over allegations that versions of the Mac OS X operating system infringe on a file viewer patent it holds: The complaint, filed today in U.S. District C ...

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Interview with Marcie D. Bour

A Balance of Valuation and Litigation Work; Secrets to Enhanced Productivity Marcie Bour, Founder and President of the Florida Business Valuation Group, offers tips and strategies on time management, favorite appraisal tools, marketing strategies, the benefits of client diversification, and the value of networking and seeking out mentors. ...

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What a Matrimonial Attorney Needs From a Financial Expert

How to Maintain Independence and Professionalism in a Complex and Changing Niche As divorce laws change, attorneys increasingly rely on financial experts such as business appraisers and forensic accountants.  In this article, Robert D. Feder discusses the role of a financial analyst in the context of matrimonial law.  He also covers some of the potential pitfalls of the trade. ...

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For What It’s Worth: Dirty Harry and Business Valuation

Valuators Must be More Than “Lucky Punks” How can appraisers best figure the cost of equity capital? Rand M. Curtiss argues that using standard tools including Ibbottson, Duff & Phelps, CAPM, or the Butler-Pinkerton model aren’t enough. What to use instead? Curtiss suggests starting with a look at the rate of return on mezzanine money and the rate of return on later-stage VC investments. Find out why. ...

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Demand for Forensic Accounting is Expected to Expand – CPA Insider

Forensic Accounting Revenue in the U.S. is Expected to Grow 6.8% Annually A recent market research report noted in The CPA Insider reports that demand for forensic accounting services will remain strong over the next five years in the United States as a result of increased financial regulations and continued demand for investigative services in the wake of the recession: ...

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Federal Law Cases Review Mortgages, Broker Price Opinions

A Credit Card Debt is Settled, But Tax on DOI Income Still Due Judge Ruwe at the Tax Court finds petitioners owe tax on income from a settled credit card debt in Shepherd v. Commissioner, and a U.S. Bankruptcy Court for the Western District of Pennsylvania rules on the valuation of a mortgagee’s creditor’s secured claim in Buena Vista Oceanside, LLC., v. Optimum Bank ...

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Fraud Risk Assessment: Proactive Solutions for Managing the Risk of Fraud

Avoiding the “Why Me’s”: Easy-to-Implement Steps to Mitigate Fraud Risk Financial fraud can be devastating and fiscal, legal, and developmental repercussions can impede the operations of a business for years after an incident. Paul E. Zikmund takes us through his four-step process to actively deter fraud within an organization. ...

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An Expert’s Deadly Disease—Bias

Understand the Critical Distinction Between a “Testifying Expert” and a “Consulting Expert.” Brad Eldridge and Rebekah Smith explain how the requirements for a “testifying expert” in litigation work vary considerably from those for a “consulting expert.” Learn more about this distinction and find out how consultants can develop a checklist of best practices for courtroom preparation. ...

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Strong Valuation Opinions Include Methodology Explanations

Critically Assess Underlying Data and an Appropriate Method for Value Determination Richard Claywell regularly reviews business valuations that seem to consider the asset, market, and income approaches in forming an opinion, but that never explain or justify a weighting methodology used to arrive at a final value conclusion. Here’s why that’s a mistake.   ...

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State Case Law: Rulings Turn on Appraisal Requirement, Value of Intangible Contribution

Appeals Courts in Iowa and Mississippi Settle Divorce Disputes The Mississippi Court of Appeals reverses a trial court’s ruling in Marter v. Marter because of a valuation without sufficient evidence, and the Iowa Court of Appeals affirms the value of a wife’s intangible contributions to a business in re Marriage of Kinser.  ...

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Using Fairness Opinions to Manage Risk in Middle-Market Transactions

Fairness Opinions Help Mitigate Conflicts of Interest, Establish Transaction Credibility, and Avoid Unfavorable Tax Issues Brian A. Sullivan and Andrew C. Smith discuss how you can leverage fairness opinions to mitigate conflict of interest, avoid unfavorable tax issues, and help secure acceptance of transactional decisions by minority shareholders. ...

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