Parties to litigation proceedings are often required to disclose their personal spending. The information provided to the Court may require certification that the information is complete, true, and accurate under penalty of perjury, yet often based, at least in part, on estimates. This article shows how a few simple steps can achieve the desired results without the costs, time, or guesswork. Parties to litigation proceedings are often required to disclose their personal spending. The information provided to the Court may require certification that the information is complete, true, and accurate under penalty of perjury, yet often based, at least in…
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Gray divorce demands genuine collaboration among professionals who each hold a distinct piece of the client’s financial and legal picture. When these professionals operate in silos, critical details fall through the cracks. Conversely, when the team functions as a cohesive unit, clients are far better positioned to reach divorce settlements that are not only legally sound, but financially sustainable. The author shares the importance of embracing a collaborative approach for these more mature clients. Gray divorce, generally defined as a divorce at age 50 or later, has become one of the most consequential and complex transitions clients bring to their…
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The Internet Crime Complaint Center has issued reports over the past 26 years that detail the types of crimes reported involving the use of the internet. Despite the sense that crime is random and unpredictable, the author finds that is not the case and, in this article, sets forth the commonalities missed. Read Part I here. The Internet Crime Complaint Center (IC3) reports did not first encounter cryptocurrency as a mature asset class. Cryptocurrency appeared as a warning sign, denoted with a simple “various payments” summary as a payment mechanism for ransomware and later appearing inside other crime types. Long…
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Few issues generate more spirited conversation among valuation practitioners than the debate over whether to use Excel or a valuation software package. The author opines that the decision today is not a simple build-versus-buy issue. The issue is how to combine specialized business valuation software with requisite integrated databases and supervised AI tools for the end-user’s and clients’ benefit. Few issues generate more spirited conversation among valuation practitioners than the debate over whether to use Excel or a valuation software package. After all, many practitioners have invested hundreds, or thousands, of hours developing their own spreadsheets, templates, linked databases, and…
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Internet fraud continues to thrive. In this article, the author summarizes the types of fraud and how online fraud will continue to evolve, and what readers can do to recognize what form fraud will take. When the FBI’s Internet Fraud Complaint Center (IFCC, later renamed to IC3) first opened its doors in May 2000, it took in a mere 20,014 complaints in the first partial year of operation.[1] A quarter-century later, it has taken in more than 9 million complaints, with $11.366 billion in cryptocurrency related losses alone in a single year.[2] These annual reports are a chronicle of growing…
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A business valuation is one of the most manipulation-friendly disciplines in professional services. The stakes are high and because of this, someone, somewhere, could find themselves motivated to move the number. For the valuation expert, understanding where legitimate (and permissible) advocacy ends, and intentional distortion begins is not simply an academic exercise. It is a professional survival skill, and increasingly, a legal one. The author discusses four schemes where fraud may occur and describes the red flags professionals need to recognize to identify fraud. The Setup The valuation was delivered to the client and the business appeared healthy. The revenue…
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Every accountant, attorney, or advisor guiding a privately held business owner eventually runs into the same question: “What is the business really worth?” The word “really” suggests a bit of skepticism and proposes the need for a framework. This series dissects that structure: the anatomy of a valuation that the opposing side of the table will respect rather than tear apart. Part III examines what exactly is being valued. Read Part I here. | Read Part II here. Parts I and II built the machinery; sound methods applied to normalized earnings and a precise definition of the interest being sold.…
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Bowers v. Russell is a recent U.S. District Court case where ESOP plan participants sued, alleging the fiduciary breached his duty to plan participants. The company in question was sold to a third party, which prompted the claims. Plaintiffs alleged that plan fiduciaries breached their fiduciary duty by (1) including a minority share discount in shares being redeemed and (2) awarding bonuses to board members and key employees that reduced the value of the redeemed ESOP shares. This article sets forth the facts, issues, and court’s ruling. Bowers v. Russell is a recent U.S. District Court case where ESOP plan…
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AI is effective in producing outputs. AI, however, is unable to operate in a physical world. In this article, the author underscores the value people put in being around people and recommends best practices to set up breakfast events. It is hard to resist a good AI automation story. In a recent one, the author set up a team of AI agents to run parts of his business. I paid particular attention to his business development agent because that is the work I do. This agent did research, sent e-mails, and made LinkedIn connections. The kind of activities the author…
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Every accountant, attorney, or advisor guiding a privately held business owner eventually runs into the same question: “What is the business really worth?” The word “really” suggests a bit of skepticism and proposes the need for a framework. This series dissects that structure: the anatomy of a valuation that the opposing side of the table will respect rather than tear apart. Part II examines what exactly is being valued. Read Part I Here. In Part I, we built the structure of a defensible valuation: triangulated methods, normalized earnings, a documented discount rate, a terminal value that respects common sense. Now…
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A practical framework for valuation analysts and forensic accountants who want AI’s efficiency without a confidentiality breach, a privilege waiver, or a professional standards violation. Why This Matters Now Every week, another valuation analyst pastes a client’s trial balance into a free AI chatbot to “save time.” Most of them have never read the terms of service for the tool they are using, and many are violating their confidentiality obligations without realizing it. The problem is not AI. The problem is treating a consumer chatbot like a locked filing cabinet. This guide maps your existing professional obligations to concrete AI…
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Every accountant, attorney, or advisor guiding a privately held business owner eventually runs into the same question: “What is the business really worth?” The word “really” suggests a bit of skepticism and proposes the need for a framework. This series dissects that structure; the anatomy of a valuation that the opposing side of the table will respect rather than tear apart. Part 1 covers the numbers themselves; the methods, the adjustments, and the two inputs that quietly control the entire conclusion. If there is one word a business valuator should live by, it is “defensible.” You can never do too…
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Multidisciplinary valuation can be highly rewarding but can also be quite mysterious. Regardless, the public needs cross disciplinary work and does not care whether a problem belongs in business valuation or real property appraisal, for example. They simply want a conclusion that is well supported and defensible. The author shares the benefits and risks providing multidisciplinary valuations. Multidisciplinary valuation is one of the most promising and most potentially hazardous specialties of professional valuation practice. It can be highly rewarding but can also be quite mysterious. Its many possibilities also contain traps for the unwary. Regardless, the public needs cross‑disciplinary work…
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Generic AI drafts fail because they pull from broad, impersonal sources resulting in textbook-like output with wrong tone, structure, and terminology. The solution is not better AI, but better training; teach it your firm’s own voice using your past work. If you have experimented with AI for report writing, you have probably hit the same wall most valuation professionals hit: the output is competent but generic. It reads like a textbook wrote it. The section order is not yours, the terminology is slightly off, the tone is wrong for your clients, and by the time you have rewritten it to…
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The strongest valuation conclusions are not simply precise, they are resilient and able to withstand challenge because they connect analytical rigor with evidentiary discipline. Value is not produced by a spreadsheet alone; it is produced by economic reality, supported by credible information, and interpreted through professional judgment. In this article, the author shares a four-part framework to assess financial statements and underscores importance and value that professionals bring when they are able to pivot between valuation and forensic practices, recognize and assess potential red flags, and determine if the value story is credible. In business valuation, numbers often arrive wearing…
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Sports valuation does not require abandoning established valuation principles. However, sports assets often combine complex commercial operations, unique intangible assets with no cash flows, regulatory constraints that may differ across jurisdictions, leagues, and sports, and accepted highly uncertain future outcomes, less common in traditional industries. As a result, the challenge for practitioners is properly defining the valuation problem before attempting to solve it. In this article, the author shares the complexities arising in this market. Why Sports Valuation Matters for Valuation Practitioners Over the past decade, the sports industry has evolved from a specialist, niche sector into an increasingly active…
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This 27th article of the Unimpeachable Neutrality Series offers a conveniently alliterative detour en route to providing unimpeachably neutral and effective expert services. You raise your right hand and swear to tell the truth, the whole truth, and nothing but the truth. Your hand has a slight shake to it, which is the coffee talking rather than the anxiety of the moment. Direct examination goes the way direct examination should: your counsel walks you through the report you wrote, the schedules appear on the screen in the order you built them, you teach the jury the difference between revenue and…
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The Brundle v. Wilmington Trust N.A. case has generated numerous summaries, debates, and digests. In this article, the author reflects on lessons that can be taken from the case. This came to her attention during an internal discussion of litigated ESOP cases and piqued her interest. The Brundle v. Wilmington Trust N.A. (919 F.3d 763, 4th Circuit 2019) case has generated numerous summaries, debates, and digests. It came to my attention during an internal discussion of litigated ESOP cases and piqued my interest. As I read the full text of the case, I was surprised by the numbers of “epic…
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In May 2026, the CMS announced a six-month, nationwide moratorium on new Medicare enrollment for HHAs and hospice providers. It is the third nationwide Medicare enrollment moratorium imposed by the current administration and the second in 2026. This article examines the scope and legal mechanics of the moratorium, its implications for healthcare transactions, and the industry reaction to the action. On May 13, 2026, the Centers for Medicare & Medicaid Services (CMS) announced a six-month, nationwide moratorium on new Medicare enrollment for home health agencies (HHAs) and hospice providers, effective immediately.[1] The moratorium, implemented in coordination with Vice President JD…
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This is the second of a two-part article comparing the roles of the auditor and the forensic accountant, specifically their differing objectives, responsibilities, professional standards, and engagement terms. In this article, the author discusses gathering evidence, potential audit procedures, and reporting. Introduction In the first article, discussing the differences between an audit and a forensic investigation, the objectives, responsibilities, professional standards, engagement, risk assessment, the concept of materiality, and building the right team were compared. In this article, the differences in the gathering of evidence and in reporting responsibilities for forensic accountants and auditors are examined. The auditor and forensic…