Different Standards of Value Apply to Different Sort of Intellectual Property Valuations. Here’s Why it Matters—and How to Figure Which Standards Apply. Robert Reilly explains how different sorts of intellectual property (patents, trademarks, copyrights, and trade secret) valuations have different objectives depending on their varying purposed. It’s critical to understand those objectives in order to define ...

Appraisers in Violation of 6701 May Face Devastating Consequences. Learn More About Potential Penalties—and How to Stay in Compliance Joel N. Crouch and Joseph D. Brophy discuss the IRS Code’s Section 6701 and the relevant penalties that can be leveraged against violators. While IRS sources say that the number of penalties imposed is still negligible, this number has increased significantly and the trend co ...

New Operational Risk Thinking Can Help Predict and Prevent Disasters of a Global Scale and Improve Bottom Lines as Well In an interview with Renee Boucher Ferguson of the MIT Sloan Management Review, Kathleen Long discusses some of the threats operational risk can pose to a company and how her company, Montage Analytics, is helping businesses combat these dangers. ...

At Stake was Client Confidentiality   The Appraisers Guild reports on an important bit of recent case law.  On August 10, the Arizona Board of Appraisal dismissed the USPAP violation complaint filed by Chase Bank against John Dingeman on initial file review.  Why is this newsworthy?  Because it represents a major victory for appraisers everywhere.  Dingeman, has been fighting strong arm tactics employed by ...

Good Values are Sometimes Overlooked.  How Can Private Equity Investors Best Assess Company Viability?   With nearly $1 trillion in dry powder, the private equity market is becoming steadily more competitive. EBITDA multiples are rising, PE firms are holding their portfolio companies longer, and pension funds are starting to make direct investments. So how do smart investors in private equity compete?   Axi ...

Great Testimony Doesn’t Proceed From Charisma Alone. It’s Mostly about Preparation. Here’s Why. Joe Epps, CPA/CFF/ABV, CFE, CVA, explains that great expert testimony proceeds from extensive preparation of testimony outlines and demonstration exhibits to a thorough review of relevant documents, including expert reports, deposition transcripts, and a full reading of other parties’ testimony. ...

Whether you are engaged in a business valuation or a forensic investigation, do you know exactly what to do if you suspect that an employee of the subject company is committing theft? Darrell Dorrell and Gregory Gadawski provide company owners, CFOs, valuators, and forensic accountants with a check list of how to proceed in fraud investigations. The key procedural ingredient is caution. Here’s why. ...

More: A Case in Texas Turns on a Husband and Wife with Differing Appraisals of a Business That’s Declined in Value Peter Agrapides gathers recent federal cases bearing on valuation and family law. In Georgia, a county issues bonds to finance a regional warehouse built by the corporation; the parties agree to use a certain valuation methodology, and since agreement is mentioned in the lease, the Georgia Cour ...

ESOPs serve as a utilitarian strategy for business owners looking for unique and effective ways to improve employee benefits and business flexibility. William Stewart explains how an ESOP, depending on how you set it up, can function like a Swiss Army Knife. Depending on how you set it up, an ESOP is fully flexible. ESOPs, for instance, offer buyers and sellers a wide range of purchasing options that can va ...

40 Percent of the U.S. GDP is in Privately Held Businesses. Here’s What You Need to Understand and Operate in This Market. Performing business valuation and mergers and acquisition work requires understanding a number of core discipline areas. With the expanded understanding of middle market finance, it is helpful to have a roadmap to complete any successful transaction or engagement.  ...

When Planning a Business Sale, Be Sure to Consider Personal Goals, Consistency, Salability, and Tax Implications Solid exit planning ensures that a business will realize top value when the owners are ready to move on.  How can business owners determine which strategies to focus on today to best build long-term growth?  It may depend on which exit option the owner ends up pursuing.  Here are nine options to ...

UConnect v. Facebook Showed How 409A Valuations Can Destroy Value. Here’s What Shareholders and VCs Need to Know—and Some Ideas About How to Better the Situation. Lorenzo Carver previously explained how 409A valuations destroy value for shareholders receiving grants, and provided a case study of how this all played out in UConnect v. Facebook. In this final article in a three-part series, Carver presents us ...

The Risk-Free Rate is the Cornerstone in Finance for Estimating both the Cost of Equity and Debt Capital. In corporate finance and valuation, both academics and practitioners have long used government security (U.S. Treasury Bills and Bond) rates as proxies for risk-free rate of return. How do credit downgrades affect the risk-free rate for private company valuators? Anthony Banks explains. ...

Top Vote-Getters Include Fed Honchos, Private Sector Leaders, and Association Chief  Who’s the most important person in Accounting?  Is it Leslie Seidman (Chairman of the FASB), Hans Hoogervorst (Chairman of the IASB), or Douglas Shulman (Commissioner, IRS)?   Or instead, might it be James Doty (PCAOB Chair), Mary Shapiro (SEC), or even an as-yet-unnamed person—our next president?  Or someone else entirely? ...

Most Business Owners Understand Interim Cash Flows.  But Terminal Cash Flow May Be Most Important: More Detail on Standards of Value.  Lucas M. Parris at Mercer Capital has authored a white paper at Mercer Capital that posted last month titled Understand the Value of an Insurance Brokerage that guides consultants through the process of selling out, selling in [transferring ownership to heirs], putting toget ...

Keys:  Talk to Existing Staff.  Hire a Specialist Attorney.  Don’t Negotiate Directly.  Exercise Care—and Sleep on it Before Signing.  James Doulgeris at Physicians Practice describes a common scenario where physicians agree to a buy out and later come to regret it: ...

Plus:  New Local Case Law in Los Angeles, San Francisco.   Detail on Virginia Occupational License.  Deloitte Tax Alerts notes new case law in Illinois and new local law in San Francisco and Los Angeles.  Also:   More on Virginia's business, professional, and occupational license tax.  ...

Insurers Say Rates Can Surge After Hospitals Buy Private Physician Practices; Medicare Spending Rises, Too    Anne Wilde Matthews at the Wall Street Journal reports that the increased number of physicians going to work for hospitals is actually resulting in higher costs for patients.   Hospitals are acquiring physician practices and integrating them into hospital services, and while the stated goal is to im ...

Keys to Exit Excellence: Act Now, Begin the Grooming Process, Proactively Identify Potential Acquirers, and Create Value in Your Practice    Donald J. Korn writes in The Journal of Accountancy that it's critical to be proactive in building an exit plan.  Here he talks to a number of experts on the topic—including NACVA member Marty Abo, who recently was featured in Smart CEO Magazine—and collects tips on be ...

Successful Exit Key to Current Performance—and Future Sponsorship Opportunities Chris Manderson at PE Hub writes that  in the private equity world today, sponsors’ track records in successfully exiting investments are a major factor in fundraising.  If sponsors cannot exit previous investments and provide returns, they will find it much more difficult to raise subsequent funds: ...