Focus is Key to Successful Valuation, Time Management, and Business Growth. Here’s How to Size Up a Project. Rand Curtiss shares insight on queries that allow appraisers to drill down quickly and determine the proper approach and charge for work. What’s the primary goal of the appraisal? Was the last historical year typical—and are there any major atypical facts or circumstances? Find out if the company is in more than one business, and how it differs from competitors.
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Credibility is the Critical Driver of Value for an Expert. Stay on Top With These Best Practices. John Marcus provides guidelines successful expert witnesses abide by: Trust no one, read everything, spend more time thinking and less time computing, and be true to yourself. Here’s why these best practices matter.
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New IBA Market Database Tools Empower Valuators to Provide More Concise and Accurate Results: Here’s How. The IBA Market Database includes close to 40,000 comparables, a valuation analyzer, and lots more. Paul French’s review, from the National Litigation Consultants’ Review (NLCR), explains the depth of data now available on the web, and explains how to leverage this exciting new tool.
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To Close Deals, Find the Best Buyer, and Clearly Demonstrate Value Company owners planning to sell need to convince buyers that the premium they’re asking for is legitimate, necessary, and justified. Ron Stacey offers tips on how to validate value to potential buyers.
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Uncertain How to Assess the Legitimacy of Price Multiples? Here Are Some Tips! Rand Curtiss explains how to used reasoned judgment, statistical techniques, and comparative analysis to defensibly develop and support pricing multiples in an appraisal.
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Valuation Experts Need to Be an Integral Part of Every Business Owners’ Initial Plan. Herbert Kalman explains why business owners need to begin thinking about an eventual exit from their very beginning plans. Here’s solid advice on the value and structure of buy-sell agreements, formal business planning, annual valuations, networking, and other planning essentials.
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Top State Courts Consider the Value of Goodwill, the Legitimacy of the Income Method of Valuation In State of Texas v. Clear Channel Outdoor, the Texas Court of Appeals considers testimony from an expert regarding the income method of valuation for the billboards; in Walsh v. Walsh, the Court of Appeals of Arizona reassesses the realizable benefits of stock redemption value in a law firm, and determines the net assets of the firm should not be conflated with the husband’s own goodwill based on his reputation and experience.
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There’s a Maze of Standards Out There. Here’s a Guide to Key Provisions in The Most Important Ones *AUTHORS NOTE* This article was written in May 2010. In December 2010, the Federal Rules of Civil Procedure, section 26(a)2(b) were updated such that drafts and attorney communications are now specifically recognized as work product and not discoverable. The exception to this is correspondence as it relates to compensation for the expert’s study or testimony or if the correspondence identifies facts or data that the expert considered in forming his or her opinion. For the actual updated rule click here.
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Added Ammunition Support Appraisal Assumptions Sherry Smith offers a look at data sources that can deepen and add credibility to valuations, M&A offers, and more. Pepperdine Private Capital Markets Survey, Sageworks, and a number of Secondary Markets for Private Companies (SecondMarket, Sharespost, and Triago) all offer illuminating information.
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Compensation and Growth Opportunities are Key to Employee Retention; Other Factors—and How to Differentiate Jennifer Wilson at CPA Insider writes that firm leaders should be prepared to provide clear answers to the most pressing questions young high performers have about what to expect on the path to partner.
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Is Brand Value Best Calculated by Deducting and Capitalizing Franchise and Management Fees? Or by Weighing Brand Value as a Factor of Revenue? A debate is swirling in the appraisal community regarding the value of intangibles, most notably brand affiliation, reports Patrick Maycock at HotelNewsNow.com. While one party holds to a more traditional viewpoint that calculates such intangibles by deducting and capitalizing a property’s franchise and management fees, the other is looking toward a newer approach that weighs brand value as a factor of revenue:
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Small Business Owners Hiring Intentions for the Next 12 Months Dropped to -4 in November, Down from +10 in July Jeffrey Sparshott at the Wall Street Journal Real-Time Economy Blog reports the news:
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Federal Government, Which Makes an ROI of $7.20 for Every Dollar it Invest in Detection and Enforcement of Fraud, Is Increasingly Monitoring Compliance Plans Lucien W. Roberts at Physicians Practice notes that physician practices are increasingly being monitored by federal agencies sensitive to compliance plan violations:
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One in 26 American Families Reports Raising a Child with a Disability The Wills, Trusts, & Estates prof blog notes new detail available on this sort of trust:
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Bay State Charges Two Firms with Fraudulent Security Sales Investment News, the daily online publication of the financial advisory industry, reports that Massachusetts took aim Thursday at two players in the small but potentially vast arena of crowdfunding, which lets small private companies sell equity directly to investors:
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A Premium Multiple is Hard to Come By and Harder to Keep; Owners Should Worry More About Improving Performance Susan Nolen Foushee, Tim Koller, and Anand Mehta make the case in McKinsey Quarterly that executives considering company value often worry too much about their company’s multiple (e.g., a P/E ratio, or EV/EBIDTA, etc.) instead of focusing on company growth. It isn’t that multiples aren’t legitimate data to consider. But multiples can vary widely if a company is comparing itself to the wrong set of competitors. Multiples legitimately vary considerably based on the leverage a company is currently using and…
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Federal Cases Examine Bankruptcy, Valuation Standards The Court of Appeals for the Eleventh Circuit weighs in on penalties for “gross valuation misstatement” in Gursthaw v. Commissioner, and the U.S. Bankruptcy Court for the Eastern District of Tennesee rules on the value of mortgage liens In re: Williams.
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More Than Just Valuation: How to Seize Opportunities by Getting Out of Your Comfort Zone It’s a trap to define yourself as a valuator, rather than someone in the “problem-solving” business. Rand Curtiss explains why.
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What Happens When a Business is In Over Its Head and Who is to Blame? When firms approach bankruptcy, a definition of what constitutes “deepening insolvency” becomes critical in establishing the legitimacy of litigation concerning damages, breach of fiduciary duty, and more. Michael J. Molder explains context, consequences, and case law on the matter.
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Redefining the Value of Appraisals, and Helping Clients Understand Paul R. Hyde discusses how appraisals come in a variety of configurations based on client needs. Here are tips on how to balance these conflicting demands, and how best to set the expectation for work in valuation.