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Working While “Mom-ing”

Has Work-Life Balance Changed After COVID-19? In this article, the author shares a personal story regarding how the COVID-19 outbreak affected her role as a professional and mother. The story shared is about perseverance and focus, and emerging emotionally stronger as a mother and valuation professional. Like many valuation analysts, I began my career at a CPA firm. Several years into my career, I became a ...

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Legal Update

July 2022 This article focuses on Partner Reinsurance Co. v. RPM Mortgage, Inc., 2022 U.S. Dist. LEXIS 94244 (S.D.N.Y. May 25, 2022). This is a case of buyer’s remorse. The target’s financial condition changed dramatically after the LOI and buyer attempted to renegotiate the acquisition terms. This case illustrates how damages were calculated. Buyer’s remorse: everybody’s experienced it at one point or anot ...

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Alternative Ways of Pricing Valuations

And Valuation Consultations Business valuation reports are somewhat of a competitive product. We may not feel that way because of all the effort we put into them, but many clients do not understand the value to them and look at the valuation as a “mechanical” process. Additionally, there are many other valuation preparers that provide valuations at fees substantially below what a valuation professional migh ...

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Understanding Complex Compensation in Marital Divorce

VPS StraightTalk Webinar, June 22, 2022 On June 22, 2022, VPS StraightTalk Webinar held a webinar that featured Marc Bello. This article summarizes the issues presented in the webinar, “Understanding Complex Compensation in Marital Divorce.” “Understanding Complex Compensation in Marital Divorce” by Marc Bello, CPA, ABV, CVA, MST, Partner with Edelstein & Company, LLP, was broadcast by VPS StraightTalk ...

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How Our Brains Work

Tied Into Business Valuation This article provides readers with current information that emphasizes how the brain works. Understanding how the brain works and factors that may affect it positively or negatively may impact conclusions and factors that find their way into a business valuation. There are potential biases and/or blind spots. The author is not a neuroscientist but shares neuroscientific knowledg ...

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6 Rules I Follow to Get the Big Stuff Done

We all need to get everyday work stuff done. Often though, doing the everyday work stuff leaves little time to get the big work stuff done. Stuff that can make a huge difference in your practice (and your life). In this article, the author describes six rules he follows to get those important matters done. We all need to get everyday work stuff done. Often though, doing the everyday work stuff leaves little ...

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Declining Popularity and Uncertain Outlook for SPACs

A Shake-up in the Evolution of the Healthcare Industry? As covered in a May 2021, NACVA QuickRead article, special purpose acquisition companies (SPACs) began tremendous growth in 2020 and looked to be a new mainstream avenue of investing. Two years later, the growth of SPACs across all industries, including healthcare, has plateaued and appears to be dropping in some industries. This article will examine h ...

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The Role of Forensic Accountants in Measuring and Detecting Fraud

in Inventory Loss Claims Insurance claims for loss of inventory are generally examined by insurance carriers. The carrier will retain a forensic accountant who has the ability to quantify out of sight inventory losses. Out of sight inventory losses occur when the accountant is not able to physically count the damaged inventory. These types of inventory losses include, but are not limited to, damage from fir ...

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The Economic Waste Doctrine

Experts Beware… Financial experts that handle construction defects claims should be familiar with the doctrine of economic waste, the potential limitations on a damages claim, and recognize the potential of this doctrine arising in a damages engagement. The author shares how this doctrine may arise and what to look for before accepting a damages engagement. “Economic waste is the label that courts have adop ...

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Determining the Price for One

When All You Have is the Price for Many (Patents) It is rare for all patents included in portfolio license or sale agreements to have equal value. In a patent infringement case, the individual values of the patents are needed. So, when only a small subset of patents are at issue, how can we estimate their worth? This article provides insight as to how value can be adduced. It is rare for all patents include ...

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Resolving or Explaining Valuation Disputes

Through Pop Culture References It often takes more time and skill to explain something simply and shortly and less time to use a lot of words, spreadsheets, and technical jargon. Nevertheless, pop cultural references can be used to quickly crystalize issues because many people are familiar with them and their underlying meaning. This article identifies some pop cultural references that can be used to help r ...

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What Changes to the Lease Accounting Standards Means

For Business Valuations Accounting Standards Codification (ASC) Topic 842: Leases is the lease accounting standard published by the Financial Accounting Standards Board, which replaces prior guidance from ASC Topic 840. ASC 842 brings previously off-balance sheet operating leases onto a company’s balance sheet. The new standard takes effect for private companies in fiscal years starting after December 15, 2 ...

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Consequences of Appearing as a Witness

At a Deposition or Court Hearing To begin to understand the subject, we must point out that the “Reglas de Evidencia de Puerto Rico” (the Puerto Rico Rules of Evidence) and the Federal Rules of Evidence adopted in the district of Puerto Rico—which is part of the Second Circuit Court of Appeals—allow for expert testimony to be inserted into the "record" of a case in a deposition or in a court hearing, are ba ...

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How to Get Critical Client Feedback

This article builds on the author’s May 11, 2022 “Being Different is More Profitable Than Being Better” article. In this article, the author provides five questions that my enable one to differentiate oneself from the competition. How do your clients think you’re doing? You don’t know unless you ask. Because knowing what they want and then giving it to them is the easiest (if not the best) way to stand out. ...

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Common Pitfalls to Avoid in a 409A Valuation

How to Avoid Them! A 409A valuation refers to a method of determining the value of a company's common stock. In other words, the 409A valuation is a method of calculating fair market value (FMV) according to the regulations under the Internal Revenue Code (IRC). This valuation can be carried out using various types of valuation methodologies, however, it is important to avoid pitfalls in 409A valuation when ...

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Valuing Business Interruption Claims in a Post-Pandemic World

Two Major Approaches Adopted by Courts Assessing Claims This article discusses the challenges that COVID-19 and other recent catastrophes present when calculating business interruption claims. It surveys the two common approaches adopted by courts, examines their outsized impact on an insured’s recovery, and discusses how the influx of new decisions will change the business interruption landscape. It also a ...

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Daubert Challenge

End of Life or Another Day at the Office? One of the most concerning communications for experts to receive from a hiring attorney is the opposing attorney has filed a Daubert motion to exclude their opinion. Going through a Daubert challenge is stressful for even experienced experts. This article will discuss the Daubert decision and its impact on experts. It will also address questions considered by courts ...

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The Role of Forensic Accountants

in Detecting Fraud in Business Interruption Claims (Part II of II) Business interruption claims are generally closely scrutinized by insurance carriers and can range from thousands of dollars, to claims exceeding $100 million. Insurance carriers often seek the assistance of either internal or external forensic accountants to analyze such claims. During their analysis, forensic accountants often detect the p ...

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How Selling a Business is Like Running a Half Marathon

Getting to the Finish Line is Exhausting In this article, the author analogizes the sale of a business to how one prepares and runs a half marathon. Many business owners may treat an exit as a half marathon, but that is a mistake. Business owners need professional consultants to assist them with their exit plan and negotiations. The author shares his views on the negotiation process and stresses that busine ...

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The Role of Forensic Accountants

in Detecting Fraud in Business Interruption Claims (Part I of II) Business interruption claims are generally closely scrutinized by insurance carriers and can range from thousands of dollars to claims exceeding $100 million. Insurance carriers often seek the assistance of either internal or external forensic accountants to analyze such claims. During their analysis, forensic accountants often detect the pos ...

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