The Hidden Risk Behind the Hype Among the most pressing concerns is the phenomenon of AI washing, which can be the practice of overstating or misrepresenting a company’s AI capabilities or can be the increased acceptance of low-quality output. While it may be a trendy marketing tactic, AI washing can also carry significant legal liabilities and valuation distortions that demand scrutiny. The author discusse ...

Evaluating Your Work Product and Professional Services The author states that over the past year, he has seen clients use AI tools to “check” his work, draft their own valuation commentary, and even generate critique his reports. While he welcomes their curiosity, some encounters have been alarming. Artificial Intelligence (AI) is no longer just a topic for webinars or conference panels. It is now part of d ...

Potential Impacts On July 15, 2025, the CMS released the proposed rule for the OPPS and ASC Payment System for calendar year 2026. This article provides an update on the proposed OPPS changes. On July 15, 2025, the Centers for Medicare & Medicaid Services (CMS) released the proposed rule for the Outpatient Prospective Payment System (OPPS) and Ambulatory Surgical Center (ASC) Payment System for calendar ...

Nunes v. Lizza—Establishing Special, General, and Exemplary Damages Former House Representative, Devin Nunes, sued Lizza and the Hearst Corporation for defamation. Nunes sought damages. The court dismissed his claim and explained how special, general, and exemplary damages are proven when the Plaintiff is a public figure. Indian musician Adnan Sami once observed, “Being a public figure, you cannot make ever ...

Pearls Clutched, Loaded, and Now AI-Augmented The hired guns now have AI, and they are even more convincing at making the truth sound like a lie and a lie sound like the gospel. This 23rd article in the Unimpeachable Neutrality Series revisits and revolutionizes the art of the rebuttal in an age where AI has become both sword and shield in the expert witness arena. This 23rd article in the Unimpeachable Neu ...

It is About Positioning In this article, Rod Burkert reflects on the value and limits of thought leadership, how to position oneself or the firm, and ways that AI can help bolster the positioning effort. Ok. First, I am not a fan of the term “thought leadership” ... or its predecessor, “content marketing” (so 2010s) ... or the latest I’ve heard, “being a sage.” But let’s proceed with “thought leadership,” a ...

Creative Cash Flow Analysis for Bankruptcy Assignment Earlier this year, the author received a business bankruptcy assignment which called for assessing the cash flow for a particular asset in a bankrupt estate and how the circumstances of the estate affected the value of that particular asset. As this assignment continued through testimony and the judge’s ruling, the author wanted to share his experience. ...

For International Arbitration Proceedings This article highlights key valuation issues that are debated during arbitrations, which we have faced on numerous occasions. Some of the most important ones that come up during the quantification of economic damages in international arbitration are biases in financial projections, questions about discount rate, and some secondary concerns. Introduction Economic dam ...

A Key Component Used in Business Valuation For valuation purposes, net working capital involves a more comprehensive analysis than the straightforward traditional accounting definition of current assets minus current liabilities. This article examines the concept of net working capital and highlights its significance in business valuation. Net working capital represents a vital aspect of business valuation, ...

Fresh Opportunities and Risks to Consider When Modeling From accelerated expensing to revamped Qualified Small Business Stock rules, the OBBBA has shifted both the numerator (cash flows) and the denominator (risk and discount rates) of the valuation equation. The result is a more dynamic environment—one with fresh opportunities, but also new pitfalls. With the passage of the One Big Beautiful Bill Act (OBBB ...

Key Personnel Dependence in Sell-Side Business Valuation This article examines one of the primary issues that CVAs encounter when advising clients who are preparing to sell. By identifying challenges early in the valuation process, CVAs can better educate sellers on weak points in their business and prepare them for potential poor reception that they may face from prospective buyers. Introduction Business o ...

Issues and Caveats (Part V of V) This final of a five-article series discusses the application of the unit valuation principle. This installment describes many of the application issues and caveats related to the use of the unit principle to value the unit of taxable property. Read Part I here. Read Part II here. Read Part III here. Read Part IV here. Introduction This is the fifth installment of a five-par ...

Valuation Procedures This fourth of a five-article series discusses the application of the unit valuation principle. This installment summarizes the generally accepted unit valuation procedures. But first, this discussion describes the generally accepted summation valuation approaches and methods as a comparison to the unit valuation approaches and methods. Read Part I here. Read Part II here. Read Part III ...

Understanding Wine Businesses This article is designed as a primer for valuation professionals, giving you the foundational knowledge of wine industry terms and business structures you need to navigate this highly specialized field. By building this knowledge, you will be better prepared to ask the right questions, interpret key details, and deliver valuations that truly reflect the complexities and risks b ...

Approaches and Methods This third of a five-article installment discusses the application of the unit valuation principle. The discussion continues with a summary of the generally accepted unit valuation approaches, methods, and procedures. Read Part I here. Read Part II here. Introduction This installment is part three of a five-article series related to the unit valuation principle for ad valorem property ...

Excel and Position Yourself as the Expert There is an important difference between a service provider and an expert. In this article, Rod Burkert discusses why the differentiation is important and how to position yourself to be an expert. When it comes to the work you do, are you a service provider or an expert? Have you thought about the differences? Do you realize there are differences? Our BVFLS industry ...

When to Apply This second of a five-article installment discusses the application of the unit valuation principle. Guidance is provided for when to apply the unit of valuation principle. Read Part I here. Introduction This discussion is the second installment of a five-part series related to unit principle valuations prepared for property tax compliance, administration, and controversy purposes. As was intr ...

Legal Cases and Statutory Factors Used to Assess the Reasonableness of Compensation U.S. courts have established multiple factors and guidelines to assess reasonableness in compensation. This article reviews the factors and statutory criteria used to assess the reasonableness of compensation. Determining reasonable compensation for shareholder employees in closely held companies remains a key concern for bu ...

(Part I of V) This is the first article of a five-installment discussion that will summarize the application of the unit valuation principle. As will be described, a unit principle valuation is not a business valuation. However, business valuation analysts are often more comfortable with the development of unit principle valuations than are real estate or personal property appraisers. Introduction This five ...

Core Finance Team Affiliates, LLC v. Maine Medical Center—The Distinction Between Quantum Meruit and Unjust Enrichment What is the difference between a claim of quantum meruit and unjust enrichment? This very issue was addressed in Core Finance Team Affiliates, LLC v. Maine Medical Center and is discussed in this article. The legal profession is famously hidebound; for goodness’ sake, they still where robes ...