The Court Assess Substantive and Procedural Advanced to Disqualify Expert Witness This article provides an in-depth review of a recent infringement, unfair competition and cybersquatting where Plaintiff sought disgorgement of profits. The case highlights procedural and substantive arguments advanced during litigation and basis the Court used to partly disqualify the testimony of defendant’s expert witness. It also serves as a caution and learning opportunity for current and prospective financial damages expert witnesses. Plaintiff, Mission1st Group, Inc. (“M1G”), owns the federally registered trademark MISSION1st in connection with business advisory, information, technology, telecommunications, engineering support, and risk mitigation services. Plaintiff provides these…
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Mancini v. UBS AG: Valuation of Collateral Pursuant to an Event of Default This article discusses the recent case of Mancini v. UBS AG, a case where UBS liquidated Plaintiff’s collateral following an event of default. The issue before the court was whether UBS AG acted arbitrarily when it liquidated Plaintiff’s account based on an earlier valuation date, rather than based on a higher and more recent account value. “Timing is everything” may be a cliché, but when it comes to valuation, it is certainly true. In Mancini v. UBS AG, 2024 U.S. Dist. LEXIS 213279 (S.D. N.Y. November 21,…
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How Forensic Accountants and Business Valuation Professionals Can Give AI a “Run for its Money” As AI proliferates, business valuation and forensic accountants will need to distinguish between human-authored and AI assisted/generated content. Significantly, AI generated content, as of the date of writing, is not accurate. In this article, the author examines what the above will mean to forensic accountants and business valuation analysts. With the rise of content generated by artificial intelligence (AI), it makes sense that there would also be an increase in online tools that can detect AI-generated content. What does this mean for professionals in the…
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A Guide to Understanding Social Media Influenced Income for Valuation Professionals While the influencer industry has created numerous opportunities for creators and brands alike, it also presents significant risks. This article aims to explore the challenges faced in this industry and offer insights into how to examine and assess these risks when performing a valuation analysis or assisting with litigation matters involving someone in the influencer industry. The rise of social media has transformed the landscape of marketing and personal branding, leading the way for a new breed of entrepreneurs known as influencers. These individuals leverage their online presence to…
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Effective Use of AI in Complex Investigations Investigators need better ways to sift through vast quantities of data to find the information at the heart of the matter. This article examines a more efficient approach to complex investigations with Generative AI. The information in this article is intended to assist in determining the effectiveness of using GenAI in fraud and other complex investigations. Introduction Complex investigations are on the rise with investigators being asked to do more with less, therefore needing to gain efficiency to handle workloads. A complex investigation can be triggered by a litigation event, government agency mandate,…
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What Do I Write About? Writing is an effective way to convey expertise and also a marketing devise. In this article, Rod Burkert shares who he writes for and answers the big unanswered question: how he decides what to write about. I talk about how much I write, who I write for, and when I get it all done. But apparently, I left this big question unanswered: How do I decide what to write about? Deciding What to Write About If you’re thinking of starting a regular BVFLS newsletter or blog, probably the biggest hurdle you’re imagining is: What do…
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Part II For purposes of valuing an ESOP, the question of what is “adequate consideration” has vexed the author and other BV practitioners. In this article, the author shares an update on the DOL’s response to earlier inquiries. Her two previous articles published in QuickRead detailed the earlier efforts to clarify what constituted “adequate consideration” for the valuation of entities held in ESOPs. On October 25, 2024, the OMB received a proposal on the topic from the DOL intended to clarify how shares in ESOPs are valued via adequate consideration. To date, I have written two QuickRead articles (“Adequate Consideration”…
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A New Method of Doing Research The introduction of AI tools has empowered companies to streamline complex tasks, enhance accuracy, and offer real-time insights. One such company, IBISWorld, a leader in industry research, has taken a significant step forward with the introduction of its AI tool, “Phil.” This article explores the impact it will have on professionals working in business valuation, forensic accounting, and business consulting fields. As artificial intelligence (AI) continues to transform industries, market research is one of the fields most poised to benefit from these advancements. The introduction of AI tools has empowered companies to streamline complex…