Time to Revisit this Tool If you think Monte Carlo simulations are too complex to use in business valuation, you are not alone. There are three main reasons valuators shy away from using Monte Carlo analysis: 1) they do not totally understand it, 2) it involves statistical analysis and most would prefer not to relive their college statistics class, and 3) it is difficult to explain, especially to a jury. A recent survey by Business Valuation Resources (BVR), which was ongoing as of the date this article was written, indicates 51 percent of the respondents (82 respondents to date) use…
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Avoiding Trademark Infringement Sometimes you need to use your competitors’ trademarks to sell your products or services. This is particularly true when you are selling, for example, replacement parts, and need to say that your replacements are compatible with the trademark owners’ products. It can also be important when providing services such as repair. If you repair BMW automobiles, you need to let others know. Fortunately, if you do it properly, you can use them and avoid trademark infringement. This article discusses fair use of trademarks. Sometimes you need to use your competitors’ trademarks to sell your products or services.…
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and its Impact on Lost Profits Calculations These are challenging times. Financial experts are faced with economic uncertainty and differing projections from various sources as to what the “new normal” will look like. Regardless of the economic circumstances, financial experts are hired to estimate lost profits. These calculations must be made with reasonable certainty. But to be reasonably certain, proximate cause must be considered. To properly consider causation during these current times, an expert must consider the impact of the COVID-19 pandemic and the economic shutdown. Without such consideration, an expert’s report will not reflect reality and could be construed…
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Personal Damages Calculations and Exposure to COVID-19 Financial experts who, in the past, have been reluctant to take on personal injury economic damages as part of their practice should reconsider that decision today. Not only is the field growing and on the verge of a potentially huge boom driven by the COVID-19 crisis, there are plenty of resources to help you quickly get up to speed performing these types of damages analysis. This article presents three reasons for valuation practitioners to consider adding personal injury, wrongful death, and wrongful termination damages calculations to their practice, and an introduction to resources…
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In a SPAC Merger Transaction The fair value of equity consideration issued in a merger involving a public company is generally calculated as the product of the quoted price for the individual equity instrument times the quantity issued (commonly referred to a “P times Q”). However, if the merger involves a special purpose acquisition company (SPAC), determining “P” can be subjective and may result in different interpretations of U.S. GAAP fair value between the valuation specialist and the parties involved in the deal. Introduction The fair value of equity consideration issued in a merger involving a public company is generally…
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Caused by the COVID-19 Pandemic Business leaders, tax practitioners, and attorneys are considering how to address the serious challenges that may arise from disruptions in commercial activities due to business closures, travel restrictions, and stay-at-home orders that were put in place in many countries around the world in order to reduce the spread of COVID-19. This is also impacting transfer pricing systems, which is the focus of this article. Among the multitude of questions that business professionals will have to deal with will be how to manage losses attributable to these extraordinary events within their intercompany transfer pricing systems. Business…
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and “Voodoo” Economic Forecasts? One of the issues facing the business valuation community as well as business owners is the newly created accounting metric called “EBITDAC”, which stands for Earnings Before Interests, Taxes, Depreciation, Amortization, and Coronavirus. This is a non-GAAP accounting metric used by some companies today to raise more debts from lending institutions by adjusting or recasting their financial statements to account for lost earnings incurred due to the coronavirus. The author asks what coronavirus add-backs are defensible under this new normal? One of the issues facing the business valuation community as well as business owners is the…
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Here’s How to Land Them What is an aspirational client? How can valuation professionals find and engage them? In this article, Rod Burkert shares his insight and experience finding aspirational clients. Aspirational clients. Who are they? What steps does it take to land them? Why are they important to our practice growth? When we started our practices, we were happy with the clients we got because we needed the cash flow to pay the bills. Being picky was not a luxury we could initially afford. But as time marched on, has your client base remained a hodge-podge or has it…
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Marketing During COVID-19 and Beyond Over the past few months, COVID-19 has become a household word, and shelter-in-place orders have rocked the business world. Small wonder that the concept of virtual marketing and business development has jumped to center stage. Nearly overnight, thousands of professional services firms have begun scrambling to figure out how to replace the only marketing approach they have ever known: old-school, in-person networking and referrals. In this post, the author describes some lessons learned by Hinge Marketing to help readers gauge where their firm is currently. The author also describes some approaches that are already working…
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The Court Opens to Tax-Affecting In Estate of Jones, the court addressed the tax affecting issue along with several other issues discussed in the valuation world today, including the proper approach for valuing an operating timber business (income vs. asset-based), the reliability of management projections, and the appropriate discount for lack of marketability. For the first time in 20 years, a valuation expert who tax-affected the earnings of a pass-through entity has had a receptive audience in the Tax Court. This article summarizes this controversy and highlights the valuation issues. In Estate of Jones,[1] the court addressed the tax affecting…