The Role of the Expert in 21st Century Dispute Resolution Almost five years ago, the author penned an article published in NACVA’s QuickRead April 14, 2022. In that article, he described what was his perspective as a “recovering judge” of the role of the “expert” in the 21st century profession of dispute resolution. In this article, the author revisits, and in some cases revises, the observations and predictions set forth in the earlier article. Introduction Almost five years ago, I penned an article similarly titled, which was published in NACVA’s QuickRead April 14, 2022. In that article, I described what,…
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The Role of Life Insurance in Estate Taxes The recent U.S. Supreme Court case, United States v. Connelly, provides business valuation practitioners opportunities to a cautionary tale and also an opportunity to assist business owners structure or restructure their buy-sell agreements. The authors summarize the case and offer tips to assist business owners transition a business using life insurance. Introduction Does the fair market value standard require the insurance proceeds owed to a company at the date of a shareholder’s death need to be added to the value of the business for tax purposes? The Supreme Court ruled that, yes,…
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Look at the Numbers and Exercise Skepticism Often, business owners will inadvertently present a biased account of their company’s success. Is there a similarity between the bias of business owner’s and crime scene victims? In this article, the author answers this question. Imagine this: you are at the scene of a crime. Witnesses are canvassed, each with their own version of events. One witness is adamant the suspect was wearing a red jacket, another swears it was blue, and a third did not even notice a jacket at all. The accounts are varied, often conflicting, and shaped by personal biases,…
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You Need Better Clients A frequent question that newly minted and experienced valuation practitioners raise, is how one gets more clients. The question that should be asked is how one gets better clients. The author shares his thoughts on why the latter is the better question and source of focus. Surprise, the most frequent practice development questions I get primarily have this theme: How do I get more clients? What if I told you this is the wrong mindset to have? How would your thinking (and actions) change if we talked about landing better clients instead? Hey, I get it.…
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Book Review This fall, the American Bar Association released Shannon Pratt’s The Lawyer’s Business Valuation Handbook 3rd Edition. This publication has been edited by Roger J. Grabowski, FASA and Alina Niculita, ASA, ARM-BV, CFA, MBA. It is a comprehensive guide for attorneys (and judges) to enable them to better understand the substance and basis of the valuation expert’s work. In this article, Michael G. Kaplan reviews the book. I Had a Problem! I received a phone call from an attorney. He was representing a client involved in a hotly contested lawsuit involving the impairment of the value of a business.…
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Marketing Tips for Professional Service Professionals Marc Kohler, an estate planning expert, may offer other professional services professionals a template to follow to secure additional engagement. The article describes how Marc Kohler has marketed his services. In the field of tax law and estate planning (where online engagement can be difficult, if not impossible to obtain), Mark J. Kohler (”Kohler”) has built a following that exceeds 500,000 followers; these followers come from various platforms. This reach is something that many in the professional service industries have only dreamed of. As an attorney and CPA, Kohler has taken what could easily…
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Valuation Discounts Considered in Gift and Estate Planning With a look forward to December 31, 2025, when the current lifetime exclusion levels for estate taxes are slated to sunset, wealth planners and their clients have much to discuss. Valuation and estate planning professionals have a key opportunity to strategize and develop the best plans for family businesses and high-net-worth individuals. With a look forward to December 31, 2025, when the current lifetime exclusion levels for estate taxes are slated to sunset, wealth planners and their clients have much to discuss. They have a key opportunity to strategize and develop the…
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Freedman Normand Friedland LLP v. Cyrulnik—On the Valuation of Contingency Fee Cases and Qualifying as a Fee Expert When there is a consistent and predictable stream of cash flows or a history of royalties for licensed intellectual property, the valuation professional is most comfortable. In the following case, the court addressed admissibility of a valuation expert who was attempting to value an alleged interest in a law firm’s contingent fee cases—the epitome of uncertainty. The article discusses this court decision. The business valuation profession thrives on certainty and predictability. When there is a consistent and predictable stream of cash flows…