• Litigation Consulting - QuickRead Top Story

    Applying the Modern New Business Rule in Real Life: Overview of an Expert’s Testimony in a Precedent Setting Texas Court Case

    The author had the opportunity of being the economic expert for the plaintiff in the initial case in the Business Court of Texas Eighth Division. This assignment provided the author with an opportunity to argue the modern new business rule as the basis for the lost profits calculations prepared in connection with the case. It provided the first Daubert (Robinson in Texas courts) challenge in business court and the first judge’s ruling on a motion to exclude an expert’s testimony for the business court. This article reviews the case, the judge’s ruling, and the outcome of the litigation. Two years…

  • Practice Management - QuickRead Top Story

    Vetting a Client’s Projection: A Process

    As valuation professionals, we sometimes serve dual roles. In this article, the author shares a step-by-step listing of his vetting process. This checklist is meant as his guide but is also used to help clients start the projection process. The guide is for anyone using a projection as a guide to a valuation analysis. Business valuators are typically provided with a client’s budget or financial projection which can help when preparing the eventual valuation. In most situations, these are optimistic and are usually intended to convince a lender or investor to make a positive decision, so it needs to be…

  • Litigation Consulting - QuickRead Top Story - Valuation/Appraisal

    Is the Risk-Free Rate Really Risk Free? Deconstructing the Idea of the Risk-Free Rate

    To evaluate future risk factors, analysts should understand the composition of the risk-free rate and consider the data influencing U.S. Treasury Bond yields. This article analyzes the criteria for evaluating the risk-free rate for use in engagements involving business valuations and economic damages. The general notion of a “risk-free rate” is the return available as of the valuation date on a security that the market generally regards as free of the risk of default.[1] U.S. Treasuries have fit this profile for decades, providing minimum, safe alternatives for risk-averse investors. They also provide a building block for many valuation models. To…

  • QuickRead Top Story - Valuation/Appraisal

    The Era of “Illiquid for Longer” in Private Equity: avigating Liquidity, Valuation, and Risk

    When exits slow down, everything else starts to feel tighter. That is where many sponsors are today. In this article, the authors discuss the reasons for the longer exits and ramifications. Private equity runs on exits. When exits slow down, everything else starts to feel tighter: fund timelines, liquidity planning, and even conversations with investors. That is where many sponsors are today. Exits are taking longer, buyers are tougher on price, and financing is not as easy as it used to be, so more companies are staying in portfolios past the “normal” timeline. That means slower distributions, more pressure from…

  • Financial Forensics - Litigation Consulting - QuickRead Top Story - Valuation/Appraisal

    A Collision Course in Evidentiary Standards for AI-Assisted Financial Forensics: How a New Proposed Rule of Evidence Seeks to Admit AI Analysis and Supplant Experts

    On January 30, 2026, Anthropic released legal plugins for its Claude AI that automate contract review, compliance tracking, and legal analysis. Within three days, $285 billion in market value evaporated from legal software and publishing companies. This was not a correction. It was a signal. The AI companies are no longer content selling infrastructure, now they are coming for the legal, financial, and forensic analysis applications themselves. The author discusses the legal and practical repercussions that the new Federal Rule of Evidence would have on financial forensics expert witnesses and the litigation support professionals. On January 30, 2026, Anthropic released…

  • Litigation Consulting - QuickRead Top Story - Valuation/Appraisal

    Unimpeachable Methodological Consistency: The Foundation of Unassailable Authority

    When you sit in deposition or at trial, you can speak with absolute confidence about your methodology because it is not something you invented for this case. It is something you have applied in hundreds or thousands of cases. The best defense against aggressive cross-examination is not clever language or diplomatic positioning. It is methodological consistency applied with rigor. In this 24th article of the Unimpeachable Neutrality series, the author addresses something that has become increasingly important as technology changes the nature of expert testimony: the relationship between consistency, methodology, and credibility. The best defense against aggressive cross-examination is not…

  • Healthcare - QuickRead Top Story - Valuation/Appraisal

    Preparing a Medical or Dental Practice for a Someday Sale: Advice for Medical and Dental Professionals and Their Advisors

    This article walks readers through what really matters long before these professionals think about listing their practice for sale. Understanding the “why” behind each step, not just the “what”, is crucial. As one reads through, keep in mind that the information is generalized, not specific to a specific specialty area. It is strongly suggested the dental and medical professionals consult with a trusted professional(s) to provide the smoothest path toward the transition or retirement phase. *Preface: Recently, I have had two medical/dental practice valuation referrals, and two physician-clients ask me for a simple write-up on ways in which they can…

  • Litigation Consulting - QuickRead Top Story

    Don’t Get Struck: Why Financial Experts Get Excluded and How to Avoid It

    In this article, the authors describe at a high level the rules governing admissibility of expert testimony, discuss common pitfalls, and provide some tips for avoiding these pitfalls so that expert opinions can be admitted into evidence with maximum effect. Financial experts play a vital role in financial restructurings, delivering important insights in many contexts, including plan confirmation, analysis of sales of a debtor’s property, preferential and fraudulent transfer litigation, and many other areas. They also can be pivotal in commercial disputes and transactions, opining on business and asset valuation, damages (including lost profits), liquidity requirements, whether a transaction is…

  • Financial Forensics - QuickRead Top Story - Valuation/Appraisal

    The January Hangover: A 10-Day Fraud Detection Sprint That Protects Business Value

    It is important to not only establish next steps but attempt to blur the line between fraud-driven forensic investigations and valuation to provide the connective tissue; explaining how they overlap resulting in misleading valuation calculations. In this article, the author shares a 10-day fraud detection “sprint” to identify the reliability of earnings and balance sheet integrity. This past December, I authored a short article titled, “’Tis the Season (for Fraud): How Businesses Can Be On-Guard”[1], which discussed many of the tactics that are employed by fraudsters during those chaotic periods such as years-end and during the holidays when that “let’s…

  • Case Law - QuickRead Top Story

    Legal Update: December 2025 | In re Harnack: Don’t Ignore Discovery and the Court’s Orders

    In re Harnack, 2025 IL App (1st) 240835, 2025 Ill. App. Unpub. LEXIS 1094, 2025 LX 124170 (Ill. App. June 24, 2025) serves as an admonition to litigants that are obstinate and refuse to follow the court’s order. Frequently, this happens in connection with discovery and paying judgments. This case serves as a reminder that there is a cost to failure to comply and follow a court’s order. Dr. Joyce Brothers, perhaps the first psychologist to gain fame through television, once said, “My husband and I have never considered divorce. Murder sometimes but never divorce.” While that would certainly be…

  • Healthcare - QuickRead Top Story

    2026 MPFS Final Rule Increases Physician Payments: Physician Groups Express Concern Over Efficiency Adjustment and New ASM Model, and Push Towards a Value-Based Model

    On October 31, 2025, the Centers for Medicare & Medicaid Services released its finalized Medicare Physician Fee Schedule for calendar year 2026. This article discusses the provisions contained in the MPFS final rule, as well as stakeholder reactions. On October 31, 2025, the Centers for Medicare & Medicaid Services (CMS) released its finalized Medicare Physician Fee Schedule (MPFS) for calendar year (CY) 2026, which “advances primary care management through improved quality measures, reduces waste and unnecessary use of skin substitutes, and introduces a new payment model focused on improving care for chronic disease management.”[1] This article discusses the provisions contained…

  • QuickRead Top Story - Valuation/Appraisal

    AI, Ethics, and Standards in Valuation Practice: Guidance for a Rapidly Changing Landscape

    Confidentiality remains the first and most immediate area of professional risk. Many AI tools store inputs, transmit data to outside servers, or use information to train future models. For valuation professionals handling confidential data, the stakes are high. The author shares how to use AI and adhere to professional and ethical standards. Artificial intelligence (AI) has rapidly become part of the daily toolkit for many valuation and financial forensic professionals. Whether used for data cleanup, modeling assistance, industry research, or drafting support, AI can reduce time spent on lower-value tasks and help analysts focus on judgment, interpretation, and communication. If…

  • Healthcare - QuickRead Top Story

    CMS Publishes 2026 OPPS Final Rule: Financial Implications to Hospitals Serving Substantial Percentage of Medicaid & Medicare Patients

    On November 21, 2025, the Centers for Medicare & Medicaid Services released its Calendar Year 2026 Hospital Outpatient Prospective Payment System and Ambulatory Surgical Center Payment System Final Rule, affecting approximately 4,000 hospitals and 6,000 ASCs. The rule finalizes payment updates, policy reforms, and transparency requirements that will impact hospital and ASC operations beginning January 1, 2026. This article discusses the key OPPS changes and updates included in the Final Rule. On November 21, 2025, the Centers for Medicare & Medicaid Services (CMS) released its Calendar Year (CY) 2026 Hospital Outpatient Prospective Payment System (OPPS) and Ambulatory Surgical Center (ASC)…

  • Litigation Consulting - QuickRead Top Story

    The Case for Out-of-Court Winddowns: A Comparison to a Bankruptcy Proceeding and Views from the Various Stakeholders

    When a business faces insolvency, the path forward is rarely straightforward. This article examines the reasons why out-of-court winddowns may be a preferred alternative over bankruptcy for private equity sponsors, lenders, and boards of directors. Introduction When a business faces insolvency, the path forward is rarely straightforward. Should the company file Chapter 11 in hopes of reorganizing? Should it liquidate under Chapter 7? Would an assignment for the benefit of creditors (ABC) or a court-appointed receivership make more sense? These options dominate conversations around distressed businesses, but they are not the only choices. For many companies, including those with private…

  • Litigation Consulting - QuickRead Top Story

    Injury to a Medical Professional: One Economic Loss or Two?

    A medical professional suffered a career ending injury. The injured person owned and managed the practice through which he provided his services. This medical professional also had employees who aided him and generated additional revenue and profits for the practice. The situation addressed in this article is as follows: While it seems plain that the physician here has lost earning capacity, has this injured medical professional also lost the value of his practice? If, the answer to the latter is ”yes”, how should such a calculation be made? In this article, the author discusses his views on this matter. I…

  • Financial Forensics - QuickRead Top Story

    AI Fraud Detection and Forensic Accounting: Embracing Innovation to Combat Financial Crime

    Fraud and financial crime have become increasingly complex and create pervasive issues for organizations of all sizes and specialties. As a result, advanced technology and AI have emerged as invaluable tools in the fight against such issues. This article focuses on how advances in AI and machine learning can aid forensic investigation procedures and further bring the detection of fraud and other financial crimes into the digital age. Introduction In today’s rapidly evolving digital landscape, fraud and financial crime have become increasingly complex and create pervasive issues for organizations of all sizes and specialties. As a result, advanced technology and…

  • Artificial Intelligence - Financial Forensics - QuickRead Top Story

    Integrating AI in eDiscovery and Digital Forensics for Corporate Investigations: AI-Driven Digital Investigations Workflow

    In investigations requiring eDiscovery and digital forensics, AI can be a powerful complementary tool. It enables the analysis of digital information in ways that are both efficient and insightful. This article explores practical recommendations and processes for implementing AI in digital investigations and their workflows. Introduction When most people think of Artificial Intelligence (AI), they often envision Generative AI (Gen-AI) tools that create content (such as images, videos, or text) or imagine futuristic scenarios involving intelligent robots or dystopian worlds where AI becomes self-aware, like Skynet and the T-800 from Terminator. While these ideas are fascinating, the real-world impact of…

  • Practice Management - QuickRead Top Story

    5 Phrases that Undermine Your Expertise: What to Say Instead

    In sales, the wrong choice of words can erode trust, weaken your authority, and even cost you the project. The author shares what phrases undermine one’s expertise and offers suggestions on what to say instead. In sales (and that’s what you’re doing when you try to close a project with a prospect), every word matters. The wrong choice of words can erode trust, weaken your authority, and even cost you the project. If you’ve ever found yourself wondering why some prospects ghost you, it could be your language. So here are five words/phrases that—if you’re using—you should stop saying. And…

  • QuickRead Top Story - Valuation/Appraisal

    The Impact of Tariffs on Small Business Valuation: A Comprehensive Framework for Risk Assessment and Methodical Adjustments

    The escalation of global trade tensions and tariff implementations in 2025 has altered the business valuation landscape and created additional challenges for valuation professionals and stakeholders. Using a multi-factor risk assessment model combined with adjusted valuation methodologies, the author shows how tariff exposure significantly impacts enterprise values across industries. Introduction The global trade environment has undergone dramatic transformation since 2025. The implementation of sweeping tariff policies that has altered cost structures, competitive dynamics, and risk profiles across industries. The weighted average U.S. tariff rate has surged from 2.2% to over 17% under aggressive policy scenarios, representing the highest levels since…

  • Financial Forensics - QuickRead Top Story

    First Brands: Joined by More Cockroaches

    The recent collapses of First Brands, Tricolor, and other financially distressed companies remind appraisers that inaccuracies in financial reporting can impact the credibility of the calculation or conclusion of value. When industries undergo rapid change, the appraiser’s role could be not only to interpret market data, but also to verify the truth of the financial foundation upon which that data rests. This author shares when and why a forensic accounting engagement is advisable before preparing a business valuation. Introduction Recent news about cockroaches includes pest-related issues like an infestation at a Florida cafe and a San Jose restaurant that was…