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Should M & A Clients Review Anti-Trust Implications as Part of their Due-Diligence?

Does failing to review anti-trust risk enormous penalties for being anti-competitive? M&A professionals need to take anti-trust considerations into their due diligence planning. As international manufacturing relationships continue to increase in the U.S., there is an ever-growing number of international authorities and nations ready and willing to contest your agreement. ...

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Subsequent Events Revisited

So why do we, as appraisers, differ from judges when it comes to subsequent events? Traditionally, valuation and litigation support professionals only consider facts known or knowable as of the valuation date, yet courts will look at subsequent events. This article examines how a valuation and litigation support professional may address subsequent events. ...

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SEC Lifts Advertising Ban on Securities Firms

Equity funds now able to engage in mass advertising In just a few days, the ban that prevents private equity funds from marketing directly to the public will be lifted. A recent review by Michelle Park of Crain’s Cleveland Business examines what this might mean for various private equity and venture capital funds and their future customers. ...

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Christie Kills BPO Legislation

New Jersey Governor, Chris Christie recently vetoed legislation that would have given greater authority to the state’s real estate professionals to provide broker price opinion (BPO) and comparative market analysis services.  Citing “consumer confusion” Christie vetoed bill S.2551 that some said would provide additional business opportunities for real estate licensees within the state.  Passed by the New Je ...

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A Winning Match: ESPN & Louisville

In a recent presentation to donors and alumni, University of Louisville president and economist, Dr. James Ramsey gave what most thought would be a gloom and doom “state of the university” address.  While government funding and support from the State of Kentucky are certainly in decline, Ramsey’s presentation was surprisingly upbeat.  Freshmen test scores were up dramatically.  The graduation rate was stron ...

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Fraud Risk Management: Is Your Company Proactive?

The fictional character Fleet Walker provides real world advice Assessing, improving and monitoring anti-fraud programs are key elements of an effective internal control structure. Many companies have a long way to go to address the challenges of fraud and corruption. In this brief article, Professor Crumbley suggests that as a starting point, we consider the steps taken by Fleet Walker (a fictional charact ...

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Digitize Your Litigation Consulting: It’s Easier than You Think

Using software to digitize your litigation consulting practice How well does your current document management system measure up? Learn more about the latest trends and techniques in using electronic data storage and how accountants are uniquely positioned to transition into the use of this technology in their litigation consulting engagements. ...

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Case Law Update: Real Estate Appraisal and Government Contracts

A closer look at real estate appraisal and government contracts A wife sells her portion of interest in a law firm in an arm’s length transaction and the timing and circumstances are questioned with regard to marital property. Adhering to cost accounting standards within government contracts and real estate valuation issues are reviewed in the latest Case Law Update. ...

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Marital Property: What’s Mine is Mine and What’s Yours is Mine—or Is It?

Forensic accountants are key in the division of marital property in divorce. Forensic analysts in marital litigation support must understand the nuances of jurisdiction. Going beyond the normal practice of tracing, this overview explores three additional approaches that are essential to reclassify property formerly thought of as separate to marital property. ...

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Financial Institutions See Increasing Threat with Disposable E-mail

In response to having their E-mail addresses constantly traded and sold only to end up being bombarded by spam, consumers have struck back at retailers and corporations. They’ve pulled the plug on the unwanted online marketing mayhem with what’s known as disposable E-mail addresses (DEA).  Accounts don’t require any personal registration information like a name, birthday or location.  They’re also not activ ...

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Forbes Ranks Most Valuable NFL Teams

With the kickoff of the new football season, Forbes has once again, released its much anticipated valuation list of Most Valuable NFL Teams.   How the numbers stack up gives a very interesting view inside the most valuable professional sports league on earth.  According to the Forbes data as reported by Pressboxonline.com, the average NFL team increased in value by 5 percent.  Interestingly, winning the Sup ...

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Issues When Valuing Healthcare Transactions

Medical practice sale pitfalls There are several issues to be keenly aware of when valuing a medical practice, including sources used to evaluate the efficiency of a practice and the need to determine what a benchmark is for the doctor in the practice. It is imperative to do a common sizing calculation when comparing a practice’s performance with national practice data for the medical specialty. ...

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Survey: Business Development Now Tops Forensic and Valuation Services Practitioners’ List of Concerns

Business development concerns outpacing technical issues A new survey by the AICPA reveals that priorities for forensic and valuation services (FVS) professionals have changed significantly in just the last three years. The report details what’s most important to them today and why it may not have as much to do with the economy as you think. ...

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Making Sense of the Blockage Discount: It’s Much More Than Simple.

Giving holders of concentrated risk in public company stock a tax break This article establishes there is recognition by the IRS and the courts that a well-supported proof of impairment based on the sale of a large number of shares necessitates an investor concession. It provides the rationale and methodology to capture the existence and the level of impairment. ...

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Private Equity Funds Liable for Bankrupt Company’s Withdrawal Obligation

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 ...

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Adapting Digital Strategies to Evolve with Mobile User Behavior

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 ...

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Witness Testimony: Your Day in Court

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 ...

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