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Every week we bring you featured industry articles pertaining to specific industry niches. These articles also appear in their respected categories in addition to the featured category. Expect three new featured articles per week.

How to Estimate the DLOM for Controlling Ownership Interests

Willamette Management Author Explains: What You Need to Know About DLOMs Aaron Rotkowski explains why it’s appropriate to apply a DLOM to a controlling ownership interest—and how to figure it—and why it doesn’t make sense to rely on restricted stock studies and pre-IPO studies to estimate the DLOM for that interest. Find out more. ...

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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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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’sâ€: 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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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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ESOPs in 2028

The Future Will Probably Include Not Only More ESOPs, But More High-Percentage (70-100%) ESOPs. Here’s Why What will happen with Employee Stock Ownership Plans and Trusts over the next few decades? Many authorities estimate that as many as one out of every two businesses will change hands over that time period as baby boomers enter retirement age and look to transition their long held businesses. Where does ...

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A Business Plan Needs an Exit Plan from the Very Start

There are Lots of Exit Options Owners Can Plan for, but Putting Together a Plan is Essential Business owners need to plan the sort of exit they hope for early on and treat exit options explicitly as part of their initial business plan. Whether owners are looking to sell outright, be acquired by another company, go public, choose simply to liquidate, or let the business run dry matters. Here’s why. ...

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Tips on Finding Board Members for Family Businesses

Choosing Board Members for a Family Business Can be a Delicate Process, but with Proper Due Diligence, a Perfect Fit Can be Achieved. Mario Vicari and Tyler Ridgeway cover some of the key points in choosing board members for a family business, covering topics from how a board should be structured, how board members should be qualified and compensated, and what work should be expected from them. ...

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Intellectual Property Forensic Analysis Valuation Considerations

Different Standards of Value Apply to Different Sort of Intellectual Property Valuations. Here’s Why it Matters—and How to Figure Which Standards Apply. Robert Reilly explains how different sorts of intellectual property (patents, trademarks, copyrights, and trade secret) valuations have different objectives depending on their varying purposed. It’s critical to understand those objectives in order to define ...

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Six Keys to Avoiding Section 6701 Penalties

Appraisers in Violation of 6701 May Face Devastating Consequences. Learn More About Potential Penalties—and How to Stay in Compliance Joel N. Crouch and Joseph D. Brophy discuss the IRS Code’s Section 6701 and the relevant penalties that can be leveraged against violators. While IRS sources say that the number of penalties imposed is still negligible, this number has increased significantly and the trend co ...

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Preparing for Trial: Guidelines to Ensure Your Expert Testimony is Top Notch

Great Testimony Doesn’t Proceed From Charisma Alone. It’s Mostly about Preparation. Here’s Why. Joe Epps, CPA/CFF/ABV, CFE, CVA, explains that great expert testimony proceeds from extensive preparation of testimony outlines and demonstration exhibits to a thorough review of relevant documents, including expert reports, deposition transcripts, and a full reading of other parties’ testimony. ...

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Investigating Embezzlement: Three Big ‘Don’ts’

Whether you are engaged in a business valuation or a forensic investigation, do you know exactly what to do if you suspect that an employee of the subject company is committing theft? Darrell Dorrell and Gregory Gadawski provide company owners, CFOs, valuators, and forensic accountants with a check list of how to proceed in fraud investigations. The key procedural ingredient is caution. Here’s why. ...

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Georgia Case Turns on Memorandum of Agreement Establishing Valuation Methodology

More: A Case in Texas Turns on a Husband and Wife with Differing Appraisals of a Business That’s Declined in Value Peter Agrapides gathers recent federal cases bearing on valuation and family law. In Georgia, a county issues bonds to finance a regional warehouse built by the corporation; the parties agree to use a certain valuation methodology, and since agreement is mentioned in the lease, the Georgia Cour ...

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Book Review: Middle Market M&A: Handbook for Investment Banking and Business Consulting

40 Percent of the U.S. GDP is in Privately Held Businesses. Here’s What You Need to Understand and Operate in This Market. Performing business valuation and mergers and acquisition work requires understanding a number of core discipline areas. With the expanded understanding of middle market finance, it is helpful to have a roadmap to complete any successful transaction or engagement.  ...

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