• Healthcare - QuickRead Top Story

    CMS Proposes Updates to the OPPS for 2026: Potential Impacts

    September 24, 2025

    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 year (CY) 2026. Among other items, the agency proposes increasing payments to all outpatient providers, eliminating the Inpatient Only (IPO) List, and changing quality reporting programs. For most procedures, the payment rates under the OPPS and ASC…

  • Case Law - QuickRead Top Story

    Legal Update: September 2025 | Nunes v. Lizza—Establishing Special, General, and Exemplary Damages

    September 24, 2025

    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 everyone happy. Some people will criticize your actions.” Devin Nunes, a former Congress member from California and current chief executive officer of the Trump Media & Technology Group, became a lightning rod for criticism from political opponents. As Mr. Nunes learned in Nunes v. Lizza, 126 F.4th 1361, 2025…

  • Litigation Consulting - QuickRead Top Story - Valuation/Appraisal

    The Unimpeachable Rebuttal 2.0: Pearls Clutched, Loaded, and Now AI-Augmented

    September 17, 2025

    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 Neutrality Series revisits and revolutionizes the art of the rebuttal in an age where artificial intelligence (AI) has become both sword and shield in the expert witness arena. Last month, I received what can only…

  • Practice Management - QuickRead Top Story

    5 Thoughts on Thought Leadership: It is About Positioning

    September 17, 2025

    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,” and if you know what I’m talking about, we are good to go! Pick a Niche, Build a Thought Leadership Platform Around It, and Own It One of the most overlooked opportunities in BVFLS…

  • Litigation Consulting - QuickRead Top Story

    Case Study: Creative Cash Flow Analysis for Bankruptcy Assignment

    September 10, 2025

    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. While working as an economic expert, I receive numerous assignments in the areas of personal damages, commercial damages, and business bankruptcy. While the assignments for personal and commercial damages cover the waterfront for forensic economic analyses, they have similar aspects in common. One party…

  • Litigation Consulting - QuickRead Top Story

    Valuation Issues When Quantifying Economic Damages: For International Arbitration Proceedings

    September 10, 2025

    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 damages are seen as the Holy Grail of any international arbitration. The amount of compensation for financial losses is the ultimate goal of the claimant, who seeks to be compensated for the damage suffered, but that amount is also the main concern for the respondent, who may be responsible…

  • QuickRead Top Story - Valuation/Appraisal

    Net Working Capital: A Key Component Used in Business Valuation

    September 3, 2025

    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, as it influences a company’s enterprise value through projected cash flows, as well as its equity value based on excess or deficient net working capital at the valuation date. For valuation purposes, net working capital involves a more comprehensive analysis than the straightforward traditional accounting definition of current assets minus current…

  • QuickRead Top Story - Valuation/Appraisal

    One Big Beautiful Bill Act: Fresh Opportunities and Risks to Consider When Modeling

    September 3, 2025

    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 (OBBBA), valuation professionals and business owners alike find themselves working under a new spotlight. The law, signed on July 4, 2025, reshapes the tax landscape in ways that directly alter the assumptions embedded in business valuations. From accelerated expensing to revamped Qualified Small Business Stock (QSBS)…

  • Mergers and Acquisitions/Exit Planning - QuickRead Top Story - Valuation/Appraisal

    Bridging the Valuation Perception Gap: Key Personnel Dependence in Sell-Side Business Valuation

    August 27, 2025

    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 owners preparing to sell often underestimate the risks that prospective buyers perceive in their companies. This misalignment stems from two primary factors: an owner’s intimate familiarity with firm operations and the buyer’s lack of direct involvement or institutional knowledge. These opposing forces prompt both parties to…

  • QuickRead Top Story - Valuation/Appraisal

    The Unit Valuation Principle for Property Tax Purposes: Issues and Caveats (Part V of V)

    August 27, 2025

    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-part series related to the application of the unit valuation principle for property tax compliance, administration, and controversy purposes. Previous installments of the series summarized what analysts need to know about the application fundamentals of the unit valuation principle.…

  • QuickRead Top Story - Valuation/Appraisal

    The Unit Valuation Principle for Property Tax Purposes: Valuation Procedures

    August 20, 2025

    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 here. Introduction This is the fourth installment of a five-part series regarding the development of unit principle valuations for property tax compliance, administration, and controversy purposes. Previous installments described when and why to develop a unit principle valuation—instead of a summation principle valuation—particularly for…

  • QuickRead Top Story - Valuation/Appraisal

    From Vine to Valuation: Understanding Wine Businesses

    August 20, 2025

    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 behind a wine business. Have you ever stood in the wine aisle staring at a label and thought, “I have no idea what any of this means”? What exactly does Gran Reserva mean? What is a blended wine? Why do some bottles say…

  • QuickRead Top Story - Valuation/Appraisal

    The Unit Valuation Principle for Property Tax Purposes: Approaches and Methods

    August 13, 2025

    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 tax purposes. Part I summarized what analysts need to know about the application fundamentals related to the unit principle valuation of complex, utility-type properties for property tax compliance, administration, and controversy purposes. Part II explained when it was appropriate to apply the…

  • Practice Management - QuickRead Top Story

    Are You a Service Provider or an Expert? Excel and Position Yourself as the Expert

    August 13, 2025

    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/profession/world is changing: The number of appraisers (choices) is increasing The valuation mechanics are more intricate The businesses we value are more complex The audience of leads, prospects, clients, and referral sources we hope to serve are more…

  • QuickRead Top Story - Valuation/Appraisal

    The Unit of Valuation Principle for Property Tax Purposes: When to Apply

    August 6, 2025

    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 introduced in the first installment, the unit principle is often applied to collectively value a large assemblage (or a unit) of taxpayer property. This principle is typically applied to value complex, utility-type property that is physically, functionally, and economically integrated. Unit Valuation Principle…

  • QuickRead Top Story - Valuation/Appraisal

    Factors to be Considered in Setting Compensation: Legal Cases and Statutory Factors Used to Assess the Reasonableness of Compensation

    August 6, 2025

    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 businesses, valuation professionals, and forensic accountants. U.S. courts, particularly the Tax Court, have established multiple factors and guidelines to assess reasonableness in compensation, most notably detailed in the cases of Mayson Manufacturing Co. v. Commissioner (1949) and Elliotts, Inc. v. Commissioner (1984). The 6th Circuit Court’s opinion in Mayson Manufacturing includes the following description of key factors:…

  • QuickRead Top Story - Valuation/Appraisal

    The Unit of Valuation Principle for Property Tax Purposes: Applications: (Part I of V)

    July 30, 2025

    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-installment discussion 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 (hereinafter “analysts”) are often more comfortable with the development of unit principle valuations than are…

  • Case Law - QuickRead Top Story

    Legal Update: July 2025 | Core Finance Team Affiliates, LLC v. Maine Medical Center—The Distinction Between Quantum Meruit and Unjust Enrichment

    July 30, 2025

    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 and wigs in English courts. As a result, they still throw around many Latin phrases, which can lead to confusion. In Core Finance Team Affiliates, LLC v. Maine Medical Center, 2024 ME 78, 2024 Me. LEXIS 85 (November 26, 2024), the Maine Supreme Court addressed the distinction between two contract-like remedies: quantum meruit…

  • Litigation Consulting - QuickRead Top Story - Valuation/Appraisal

    Unimpeachable AI Guardrails: Ethical AI Parameters for Valuation Professionals

    July 23, 2025

    In the world of valuation, particularly at the intersection of professional judgement and AI, this 21st article of the Unimpeachable Neutrality Series begs the question now facing us: what kind of AI guardrails should exist? And how do we keep them from becoming runaway lanes, or worse, launchpads, into unintended consequences? There is something charming about a good guardrail. Whether you are navigating the hairpin curves of a West Virginia backroad or the shifting terrain of emerging technologies, there is comfort in knowing you will not plummet into the ravine of professional ruin, so long as the guardrail holds. This…

  • Financial Forensics - Litigation Consulting - QuickRead Top Story

    The Evolution of Fraudulent Schemes: Increased Misuse and Sophistication of AI to Commit Digital Fraud

    July 16, 2025

    The level of sophistication used by fraudsters continues to increase. Fraudsters are using voice recognition and voice swapping, as well as other generative AI tools that continue to evolve. It is critical to constantly reassess internal controls and understand how AI is used and misused. In this article, the author shares some of the schemes used and issues a challenge to entities as well as to accounting and fraud examiners. At this point, the idea of artificial intelligence (AI) generating content is nothing new. You have likely seen plenty of videos and pictures of AI-generated content on Facebook, YouTube, etc.…