Sun Capital Partners court found that the private equity fund actively participated in the management of its portfolio company In a recent and significant ruling from the First Circuit, Sun Capital Partners III, L.P. et al. v. New England Teamsters & Trucking Industry Pension Fund, No. 12-2312, 2013 WL 3814985 (1st Cir. July 24, 2013,) the court has determined that private equity funds can be held liabl ...

It's No Surprise Mobile User Behavior Is Evolving As digital media technology evolves at an ever-increasing pace, so does the user habits of consumers.  In their new report:  "iConsumer:  Digital Consumers Altering the Value Chain," McKinsey & Company describe six over-arching trends in digital usage behavior that they believe will significantly impact the industry value chain.  These include shifts in ...

Specific Needs of the Remote Office Environment In this fourth installment of her five-part series, Simone Hoover details the essential software, platform, and communication devices when transitioning to a remote office environment to maximize workflow and peace of mind. ...

Preparing expert witness testimony that can go the distance Although most expert witness engagements end without an opportunity to present your findings or testimony, this is no excuse to be lax in your analysis. In the handful of occurrences where expert witness testimony will actually be required, it must be clear, concise and thorough enough to go the distance during the proceedings. It must be assumed t ...

Do the missing months mask the true financial performance? In a recent study entitled, “Orphans Deserve Attention:  Financial Reporting in the Missing Month When Corporations Change Fiscal Year,” the authors of the study found that out of the 1,786 public firms reviewed from 1993 to 2008, 45.4 percent shifted their fiscal year-end by intervals of up to two months and opined that these changes could “fly und ...

In re Bachrach: the U.S. Bankruptcy Court comments on the discounted cash flow and experts’ reports The discounted cash flow analysis (DCF) has been a standard valuation and damages method for many years. However, a U.S. Bankruptcy Court recently suggested that the “striking” disparity between experts’ conclusions in a case before the court “lends credibility to the concept that the discounted cash flow met ...

I built an Excel file with a valuation model using Warren Buffett's measure of "owner's earnings."  In an interesting spin on valuation, analysts at AquaResearch applied what they call “Buffett-style, owner’s earnings” valuation calculations to the US Bancorp (USB) company stock in a DCF style approach.  The author supports his review with a link to an excel file which completely lays out Warren Buffett’s v ...

The states, in an amended complaint, challenged only the portion of Dodd-Frank that empowers the Treasury secretary to order a liquidation of a financial company whose collapse may threaten the stability of the banking system. U.S. District Judge, Ellen Segal Huvelle recently dismissed a lawsuit brought by 11 states and a Texas-based bank, challenging Dodd-Frank’s financial regulations, specifically those t ...

Preparing yourself and your clients for a natural disaster By taking steps before a natural disaster strikes, the firm can position itself to thrive in the aftermath. A meeting with your casualty insurance professional is suggested. The agenda should include a review of the current coverage and discussion of changes in your firm operation since the last review. ...

Not for profit entities must plan and document their executive compensation packages outlined in IRC Section 4958 To ensure that not for profit entities are being good stewards of their donors, or taxpayers' contributions, the IRS wields significant power to impose onerous penalties on over-compensated executives from 25% to 200% through the use of IRC Section 4958. ...

Virtual firm tools and digital technology removes barriers and excuses In this third installment (moving toward the virtual firm) of her five-part series, Simone Hoover examines who is the best candidate for a virtual firm transition and the logistics to consider for both remote employees and business owners. ...

In early 2009, Carl Pohlad, investor and principle owner of the Minnesota Twins, passed away, leaving controlling ownership of the team to his sons.  In settling the estate, the new owners now find themselves embroiled in a tax tangle with the IRS.  The primary point of contention exists with what Pohlad’s share in the team was actually worth at the time of death.  According to the IRS, Pohlad’s ownership i ...

According to The Hill, Senate Finance Committee Chairman, Max Baucus (D-Mont) has put the committee on notice to expect a comprehensive tax reform overhaul this fall. While not committing to a specific start date, Baucus has promised a thorough rewrite of the tax code sometime after August. Frenzied lobbying has already begun on which allowances should stay and which should go. The move to draft and debate ...

Depreciation is not a “paper” expense. It is very real. Fully depreciating capital assets distorts the income statement and balance sheet. The depreciation recorded for tax and financial reporting purposes also tends to distort the net asset value of the asset. Depreciation is not a “paper” expense. It is very real. ...

Appraising marina properties is a challenging niche with as many variables as there are bodies of water Just like appraisals on dry land, location plays a major role in developing an opinion of value for a marina property, but the criteria for an appraisal can be a little different from those of landlocked commercial enterprises. Here are a few of the questions that must be considered when valuing marina pr ...

Digital technology removes barriers and excuses In this second part of her five-part series, Simone Hoover provides an in-depth explanation of the technical language surrounding online cloud services, contractual conditions and the literal forces of nature that pushed her into the virtual office environment. ...

Healthcare revenue planning challenges Beware of valuing a healthcare practice based on 2012 revenue. Reimbursement rates are lower in 2013, and penalties are being assigned by Medicare. This could further reduce a healthcare practice's value. ...

The value of California-based electric automaker, Tesla Motors’ earning potential and share price are analyzed after a triple-fold increase from earlier this year.  Roben Farzad of Bloomberg Businessweek takes a closer look at attempts by Goldman Sachs to dampen optimism surrounding Tesla’s increasing profit margins.  Do the numbers really show Tesla has power to remain consistent with this kind of growth? ...

In a fast and concise analysis, Bill Conerly of Forbes.com examines whether the rise in interest rates, particularly with commercial mortgages, automatically translates into a drop in commercial property value.  Conerly explains that your decision-making all depends on whether you take an internal or external view of the process.   How can this logic be wrong? Why doesn’t the table show clear real esta ...

Digital technology removes barriers and excuses Most professional services organizations are already adopting some form of digital identity. It takes just a bit more to embrace the cloud and reap the benefits of becoming a virtual firm. ...