Of Breach of Fiduciary Duty This article examines four recurring indicia that courts consistently associate with breaches of fiduciary duty: self-dealing and secret profits, misappropriation or misuse of funds, manipulation of financial reporting and compensation structures, and the usurpation of corporate opportunities. Introduction Fiduciary duty cases rarely turn on abstract principles alone. Instead, co ...

And Mid-Period Adjustment to the Capitalization Rate In this article, the author reviews why and how the direct capitalization rate is derived. Income Approach Overview Pursuant to valuation theory, there are three main valuation approaches: the income approach, the cost approach, and the market approach. The income approach is a general way of determining a value indication of a business, business ownershi ...

How to Add Claude to Your Spreadsheet Workflow This article highlights a video resource showing how to add Claude to Excel and start using AI directly inside a familiar spreadsheet environment. The topic is especially relevant for professionals who want faster ways to summarize data, generate formulas, organize information, and reduce repetitive spreadsheet tasks. The video’s core promise is that users can ...

LeVine v. Platzer: Valuation of Intangible Assets Under New York Partnership Law Statute The valuation of an ownership interest in a law firm can be challenging because it will often include significant unknowns as of the valuation date. The existence of uncertainty is not a justification for assigning no value to such assets. The author discusses LeVine v. Platzer, which involves the valuation of a law fir ...

Of Fiduciary Duty in Financial Disputes Forensic accountants are frequently brought into litigated disputes to examine whether individuals in positions of trust, such as business partners, executives, or agents, have breached their fiduciary duties. While this article concerns legal issues, the author intends to express no legal conclusions and/or opinions. Forensic accountants should consult the counsel th ...

Are My Draft Reports and Notes Discoverable? The purpose of this article is to explain the author’s understanding of certain issues impacting the discoverability of documents of forensic accounting, economic damages, and business valuation expert witnesses. This article is not intended to provide legal opinions, advice, or conclusions. It merely reflects the author’s current understanding of certain legal i ...

In Litigation and Business Environments As digital interdependence and geopolitical fragmentation grow, ensuring data authenticity, security, and regulatory compliance is more crucial than ever. Trust in data has eroded due to the opaque nature of AI systems, varying regulatory regimes, and governance gaps, reinforcing a critical need for transparency and accountability. The authors of this article discuss ...

Business Valuation Standards and the Substance and Principles of USPAP In this 25th article of the Unimpeachable Neutrality series, the author wants to make a case that he believes is both technically accurate and practically necessary: the business valuation standards of NACVA, ASA, and the AICPA do not merely conform to the substance and principles of USPAP in a passive or derivative sense. They are built ...

Federal and State-by-State Guidelines that Expert Witnesses Should Know (Part II of II) Navigating the maze of discovery rules in economic damage cases can be daunting. Professionals often face a patchwork of regulations across jurisdictions. This two-part article provides an overview of key discovery rules applicable in federal courts and each of the 50 U.S. states. Read Part I here. In this second part of ...

Figuring Out if Your M365 Licensing is Ready for AI Microsoft Copilot is rapidly becoming one of the most talked-about AI tools in the workplace, but many organizations discover that enabling it is not as simple as flipping a switch. The biggest hurdle is often licensing. Different versions of Microsoft 365 include different capabilities, and not every plan supports Copilot. This article explains how to qui ...