Tread Carefully Using this Market-Approach In valuation theory, the market-based approach, being one of the three main valuation approaches, can rely on the guideline private comparable transactions method, suggesting that the results obtained in that way should be treated equally with other valuation approaches and methods. However, the disadvantages of the guideline private comparable transactions method ...

Really? How are professional fees determined? What role, if any, does the “market” have on this question. In this article, Rod Burkert shares his views on this matter. You get what you pay for. We hear this cliché most often in a pejorative sense, but is it true? How do we know? Take your practice … how do you determine the fees you set for your professional services? Only one answer makes sense, which you ...

A Review of the Basics for Lost Profits (Part IV) This is the fourth article in a series reviewing the basics for lost profits. Important in any assignment for calculating lost profits is understanding standards set by the courts. The three standards that courts use in assessing lost profit calculations are foreseeability, proximate cause, and reasonable certainty. In this segment, these court standards for ...

COVID-19 Pandemic Deemed Over and Waivers Ending On January 30, 2023, President Joseph Biden announced that the public health emergency (PHE) and national emergency declaration related to the COVID-19 pandemic will finally end on May 11, 2023, after being in place for over three years. This article will discuss the changes that will take place after both declarations cease, and the implications for stakehol ...

Understanding the Fundamentals of the Industry The purpose of this article is to give other experts facing the challenge of completing a valuation of a Bitcoin mining facility some of the fundamental characteristics needed to understand the operations and assign value. A few months back I received a call from a potential client looking for a valuation of bitcoin mining company for purposes of a prenuptial a ...

A Minimalist’s Suggestion on How to Lose the Boilerplate What level of detail should valuation analysts include in a detailed report? In this article, the author shares six practices he follows to answer the above question. You probably remember that college professor who said they graded term papers by throwing them down the stairs and giving the ones the farthest down the highest grade. This is how I feel ...

February 2023 In 1748, Benjamin Franklin famously said, “Time is money.” That concept provides the framework for the Florida Court of Appeals decision in Iarussi v. Iarussi. As often happens in marital dissolutions, the parties resolved many of their issues by agreement, but, when it came to the money, they needed the court’s assistance in dealing with the marital value of a privately owned business and cla ...

Foundations for Prevention and Mitigation This article focuses on the professional expertise, processes, and technologies that are needed to mitigate the ever-increasing risk of cyber-attacks and potential business interruptions on companies, organizations, and individuals. The modern security ecosystem is diverse and ever-changing, a place where cyber risk is top of mind for leaders at all levels, and thre ...

New Year, Neutrality It is incumbent upon those who attempt to become or remain as “thought leaders” to sometimes put some thought into what is written. This said, this 13th article of the Unimpeachable Neutrality Series will cover some of the basics of what exactly “unimpeachable neutrality” is and how it is just as valuable and necessary in 2023. I received a phone call from a distressed member the other ...

There is a difference between a difficult client and a bad client. In this article, the author shares the distinction between the two and shares his views on how a difficult client can provide valuation professionals a professional growth opportunity. Related to who I choose to work with, I just closed out a valuation that I was engaged to perform. As I usually do, I went through my version of an “after act ...

To Turn Worthy Dreams into Valuable Legacies This article features an interview where, Nataliya Kalava, CVA, ABV, MAFF, of American Valuations, interviewed Brian Stephens, MBA, CMAP, CVA, CBI, CEPA, of Legacy Business Sales and Acquisitions. Brian’s mission is to inspire and empower great people to turn worthy dreams into valuable legacies. During this conversation, the authors of this article discuss the m ...

Navigating the Data While cryptocurrency has become more common, it has not lost its volatility. This article focuses on the risks of the rapidly growing cryptocurrency marketplace and what tools and capabilities are needed to protect companies from future crises that may emerge. Introduction Fortune favors the brave. That is what many have come to believe as cryptocurrency has soared into mainstream consci ...

Of a Real Estate Centered Entity As business valuation analysts, how many of us have ever agreed to value an equity interest in a gas station, or a hotel, or some other business that operates with real estate as an operating asset? For me, that answer is “frequently.” Yet, over the years my view of how to undertake this type of assignment has changed. These types of businesses deserve more care and understa ...

And Setting Up an Office Creating a checklist may seem boring, but a checklist provides the end-users with a process that enables the business owner and service provider to identify processes that are useful to build and someday sell the company. This article contains such a list. This article provides a guide of the issues that need to be considered by someone starting a business. No opinions are offered o ...

(Part III of III) Part one of this three-part series presented the description of Clary Hood, Inc. (“CHI”) and the description of the tax litigation concluded in the Hood decision. Part two of this series summarized the Tax Court’s analysis and conclusions regarding the reasonableness of executive compensation issues in this matter. This third and final discussion summarizes the Tax Court’s analysis and con ...

Survey Evidence in Food and Beverage False Labeling Class Actions With false labeling class actions on the rise, rigorously designed surveys can provide contextual clues needed to explain how the “reasonable consumer” makes purchasing decisions. The authors of the article discuss the importance of surveys to establish a basis for causation and damages, and several legal decisions on the very issue. With fal ...

(Part II of III) Part one of this three-part series summarized the facts regarding Clary Hood, Inc. (“CHI”) and the basis for the litigation. This second article focuses on the Tax Court’s analysis of the reasonableness of compensation issue in the Hood decision. Introduction The U.S. Tax Court decision in Clary Hood, Inc. v. Commissioner[1] provides important practical guidance to private companies and to ...

How many clients will you gain or lose this year? A rough gauge of those figures might come from identifying whom among your client or referral bases is passively or actively loyal to you or your firm. Author Rohit Bhargava has written about this concept and understanding it presents two massive opportunities for your practice. The author of this article shares the insight gained from Rohit Bhargava. How ma ...

(Part I of III) This article about excess compensation is comprised of three-parts. Part one summarizes the facts regarding Clary Hood, Inc. v. Commissioner and the U.S. Tax Court’s holding. Part two of this series describes the Tax Court’s analysis and conclusions regarding the reasonableness of compensation issues. Part three describes the Tax Court’s analysis and conclusions regarding Section 6662 penalt ...

FTC Proposes Rule to Ban Non-Competes On January 5, 2023, the Federal Trade Commission (FTC) issued a Notice of Proposed Rulemaking (NPRM) that, if adopted, would functionally serve as a complete ban on non-compete clauses and contractual provisions or employment policies that have a similar effect with limited exception. The 60-day comment period runs through March 7, 2023. On January 5, 2023, the Federal ...