And the Cockroach Theory The recent bankruptcies of First Brands, a large auto parts supplier, and Tricolor, a car dealership chain, have renewed concerns about lending practices more than two years after the collapse of Silicon Valley Bank. That earlier failure was driven by rising interest rates that reduced the value of its bond holdings and caused panic across the banking sector.  Appraisers may regard ...

Engaging a Prospective Attorney for Referrals In this article, the author shares what “pick-up line” works best for him to get attorneys to refer work. I have a “pick-up line” that works almost every time with new referral sources, particularly attorneys. Want to hear what it is? Before I tell you, let’s first talk about what referral sources, like attorneys, are up against so you can see why this pick-up l ...

In Anticipation of Going to Market Valuations performed for mergers and acquisitions are different than most of the traditional valuation work. The author of this article shares the standard of value used in these engagements, the due diligence conducted, and merits of preparing a calculation report in anticipation of going to market. Valuations performed for mergers and acquisitions (M&A) are different ...

How AI is Reshaping Litigation for Better and Worse AI remains a flawed practice companion. In addition to the possibility of hallucinated case citations and incorrect legal analysis, the use of AI introduces data privacy concerns and risks misadvising individuals due to overly generalized AI conclusions. In this article, the author addresses the following: Does the use of AI in litigation represent true ar ...

Here is a practical use for AI in your consulting practice. If you ever need to create training for a new employee or intern, you will find this method very useful. It will save you hours of time and make you look like a well-organized firm. We will use Perplexity in this demo, but you could use your favorite AI chatbot to do the same thing. Watch this video to see how to create professional video training ...

Examining Available Sale Options and Steps to Maximize the Financial Outcome (Part II of II) Effective exit planning is essential for business owners to maximize financial outcomes when selling or transferring their business. This second part of the comprehensive guide explores the strategic options available, the timing required for preparation, and key value drivers to enhance sale success. Read Part I he ...

What Might an Investigation Look Like The First Brands Chapter 11 filing, the questions raised regarding its use of off-balance sheet financing and its new leadership, is setting the stage for an investigation. In this article, the author shares what may ensue at this early stage of the controversy. Introduction Automotive News[1] reported that, on October 13, 2025, First Brands reported its founder, Patric ...

Examining Available Sale Options and Steps to Maximize the Financial Outcome (Part I of II) Effective exit planning is essential for business owners to maximize financial outcomes when selling or transferring their business. This two-part comprehensive guide explores the strategic options available, the timing required for preparation, and key value drivers to enhance sale success. Effective exit planning i ...

Don’t Say That! What is protected communications in one jurisdiction might be discoverable in another. Yet, many expert witnesses draft e-mails as if their words will never see the light of a courtroom projector. The author shares what she has experienced and makes suggestions. Words live forever, especially when they are typed into e-mails during litigation. As an expert witness, your casual Monday morning ...

How Exactly Did $2.3 Billion Vanish? First Brands Group Holdings has filed for Chapter 11 bankruptcy, capping weeks of turmoil sparked by creditor concern over the auto-supplier’s use of opaque off-balance sheet financing. The U.S. Department of Justice has launched an investigation into the circumstances leading to this company’s collapse. In late September 2025, U.S. auto parts maker, First Brands, filed ...

Updated Valuation Guidance for 7(a) and 504 Loans (Effective June 1, 2025) SOP 50 10 8 provides specific thresholds and scenarios dictating what type of valuation is required and by whom for 7(a) and 504 loans. Valuation professionals including CVAs, CPAs, and other appraisers should understand these guidelines to ensure their appraisals meet SBA standards. All requirements cited here are drawn directly fro ...

Increases Payments Earlier this year, the CMS released its proposed MPFS for 2026. In addition to the agency’s suggested increase to physician payments, the proposed rule also announces a new payment model and more telehealth flexibilities. This article summarizes the proposed fee schedule changes. On July 14, 2025, the Centers for Medicare and Medicaid Services (CMS) released its proposed Medicare Physicia ...

Thoughts on Thought Leadership When an attorney, banker, CPA, or wealth planner refers business to us, it can feel like we should refer business back to them. But we can’t refer to everyone because we likely don’t have that many referrals to make. The author provides insight on what it takes to become the recommended expert vis-à-vis a referral. When an attorney, banker, CPA, or wealth planner refers busine ...

And How to Maximize It What truly influences value is the quality, consistency, and transferability of the earnings. Buyers are not solely purchasing a history of profitability; buyers are seeking future income that is sustainable and independent of the current owner’s direct involvement. Most business owners do not know what their business is worth. In many cases, they have never measured it in a formal or ...

Pre-Sale Accounting Best Practices for Buyers and Sellers In today’s market, it is especially important that prospective acquirers of emerging companies understand exactly what they are purchasing and how to allocate the purchase price among the assets acquired and liabilities assumed. This article discusses the importance of quality of earnings and impact on the acquisition price. As buyers tighten their p ...

The Hidden Risk Behind the Hype Among the most pressing concerns is the phenomenon of AI washing, which can be the practice of overstating or misrepresenting a company’s AI capabilities or can be the increased acceptance of low-quality output. While it may be a trendy marketing tactic, AI washing can also carry significant legal liabilities and valuation distortions that demand scrutiny. The author discusse ...

Evaluating Your Work Product and Professional Services The author states that over the past year, he has seen clients use AI tools to “check” his work, draft their own valuation commentary, and even generate critique his reports. While he welcomes their curiosity, some encounters have been alarming. Artificial Intelligence (AI) is no longer just a topic for webinars or conference panels. It is now part of d ...

Data privacy with AI chatbots How to deal with the risks. Many consultants are understandably concerned about uploading client information into ChatGPT. The biggest fear is that sensitive, identifiable data could be exposed, shared with others, or even used to train future AI models. Watch this video to show you how to deal with the risks. https://www.youtube.com/watch?v=ekYLp6pcREo Colin Brown is the CTO o ...

Potential Impacts On July 15, 2025, the CMS released the proposed rule for the OPPS and ASC Payment System for calendar year 2026. This article provides an update on the proposed OPPS changes. On July 15, 2025, the Centers for Medicare & Medicaid Services (CMS) released the proposed rule for the Outpatient Prospective Payment System (OPPS) and Ambulatory Surgical Center (ASC) Payment System for calendar ...

Nunes v. Lizza—Establishing Special, General, and Exemplary Damages Former House Representative, Devin Nunes, sued Lizza and the Hearst Corporation for defamation. Nunes sought damages. The court dismissed his claim and explained how special, general, and exemplary damages are proven when the Plaintiff is a public figure. Indian musician Adnan Sami once observed, “Being a public figure, you cannot make ever ...