for SBA Lending Programs Despite the pandemic, the number of small businesses started continues to increase. This article discusses the various Small Business Administration (SBA) programs and the value of serving these lenders. “Success is a full-time job.” Grant Cardone Any entrepreneur or a small business owner would agree that running a successful small business is a full-time job. To run it well requires an enormous commitment of time and dedication. Over the last few years, the number of small businesses in the United States has continued to climb up. In fact, according to the U.S. Small Business Administration (SBA),…
-
-
Creative Settlement Strategies for Real Property Damages In challenging financial and operational times, parties need more creative tools than ever before to reach settlement and bring swift resolution before issues can become protracted litigation. Particularly in the realm of real estate and environmental damages, where mass tort and class action lawsuits are common and the stakes can be very high, Value Assurance Programs and other solutions that leverage settlement funds and create opportunities for collaboration rather than conflict should be in every litigator’s repertoire. In challenging financial and operational times, parties need more creative tools than ever before to reach…
-
Dieckman v. Regency GP LP et al. This article discusses Dieckman v. Regency GP, LP, a recent Delaware Chancery Court decision. It is a reminder for valuation professionals providing damages testimony to be wary when mixing the use of the market approach and income approach when estimating damages in situations where multiple entities are involved. For example, using the income approach in valuing the allegedly harmed subject company and then using a market approach for a similarly situated company that allegedly harmed the subject company (and vice versa). On February 15, 2021, Chancellor Andre Bouchard of the Delaware Court of…
-
Operating v. Non-Operating Assets With the growth of the digital economy, new types of assets have emerged that may be subject to property division in divorce. An increasingly common example is credit card reward points. No one may actually “own” these points, since the written agreements for rewards programs commonly state that points are not the cardholder’s property, have no cash value, and cannot be transferred through a legal action (such as divorce). Even so, the points (which can be redeemed for cash, travel, merchandise, etc.) arguably have some value to the cardholder and thus can be considered marital property.…
-
of a Tax Loss Target Company Acquisition This article summarizes the factors that acquirers—and their valuation and other financial advisers—should consider when structuring an M&A transaction that involves a target corporation with such income tax attributes. Introduction Valuation analysts and other financial advisers (collectively, analysts) are often retained to advise acquisitive clients with regard to proposed merger and acquisition (M&A) transactions. Such analysts typically focus on the pricing and structuring of the proposed M&A transaction. However, these analysts are expected to work with—and to support—the acquirer’s accounting, taxation, legal, and other professional advisers, particularly in the assessment of the risks…
-
A New Online Board to Punish Infringers If you are a creative person, copyright protection is important. It gives you the right to prevent others from copying your work, which is a valuable right that can be used, sold, or licensed. This article discusses the enforcement protection afforded under the Copyright Alternative in Small Claims Enforcement Act of 2020 (CASE Act). If you are a creative person, copyright protection is important. It gives you the right to prevent others from copying your work, which is a valuable right that can be used, sold, or licensed. The good news is that…
-
COVID-19 and Business Valuation—One Year Later: What Worked and What Didn’t On March 2, 2021, Jim Hitchner, Managing Member of Valuation Products and Services (VPS), made a follow-up presentation, COVID-19 and Business Valuation—One Year Later: What Worked and What Didn’t. This article summarizes the issues discussed during this follow-up webinar. A year has passed since the COVID-19 pandemic first impacted businesses. Business valuation (BV) practitioners preparing COVID-19 reports have grappled with how to incorporate the impact of this pandemic on the various industries and valuation reports. In this webinar, COVID-19 and Business Valuation—One Year Later: What Worked and What Didn’t,…
-
These Drivers Quantify the Time and Money You Get from Your Practice Time and money. These are two things we generally want more of. Because they are generally two things, we think we don’t have enough of. If you want more time and money than you are currently getting out of your practice, this QuickRead deconstruction is for you. Time and money. These are two things we generally want more of. Because they are generally two things we think we don’t have enough of. If you want more time and money than you are currently getting out of your practice,…