A relatively unexplored area of family business research is the role that an active, independent board of directors can play in perpetuating the family business from one generation to the next. David Thayne Liebell reports at Trusts & Estates that a recently published book, Building A Successful Family Business Board, seeks to close that research gap. In fact, according to the book’s authors, an active, independent board can serve as an objective steward, overseeing the creation and execution of a leadership succession plan that works for both the business and the family. Even in the healthiest of families, the leadership succession…
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If you’re still trying to figure out whether and how your practice should have a social media strategy, don’t worry—lots of other folks are too. This simple graphic should help you understand your choices: It’s really quite simple once you break it down. . . . and we know a lot of you have spent time as expert witnesses, or doing litigation preparedness work for your clients. But are you ready to go up against a firm like this?
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One of the problems with how financial institutions assess risk is that they rely on imprecise models. Financial News’ Shanny Basar reports that in fact, just a few days before JP Morgan announced its multi-billion dollar trading loss, James Montier,a member of the asset allocation team at fund manager GMO, gave a speech on The Flaws of Finance. In the speech, delivered on May 6 at the 65th Annual CFA Institute Conference in Chicago, Montier flagged up some of the key problems with the way financial institutions assess risk. These include the reliance on imprecise models and particularly the use of…
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Five Things to Watch For In Year-End Portfolio Company Fair Value Measurements Private equity fund managers—and their limited partners—cannot take fair value measurement for granted. In 2011, a number of new procedures and policies spawned by SFAS 157 (not Topic 820) have hardened into established routines. This checklist helps fund managers and consultants measure the fair value of portfolio company investments.
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Psychology Of Fraud: Why Good People Do Bad Things NPR’s Chana Joffe-Walt and Alix Spiegel have put together a fascinating podcast that examines the psychology of fraud. It often isn’t as easily explained as bad people doing bad things. Ethicists and psychologists have documented an unusually high number of people who start out, in their minds, doing the right thing. The story follows the case of Toby Groves. He was a man who almost everyone who knew admired for his integrity. In fact, his company’s culture was defined, according to many former employees, by its high integrity. But It began…
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Add Value to Appraisals. Ask First: “Who’s the Most Important Reader?” Rand M. Curtiss explains how appraisals have the most value when consultants have customized and focused them for their most important intended audience. In some cases, that may be a prospective buyer. In other cases, it might be a client auditor—or even the IRS. That can make quite a bit of difference. Here’s why.
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Estate of Natale B. Giustina v. Commissioner What happens when a case lands in the United States Tax Court where Form 706 found the fair market value of a business share at $12.6 million and the IRS estimates it’s worth $36 million? Find out, in Estate of Natale B. Giustina v. Commissioner! At issue was a 41 percent share in a closely held timber company. Meanwhile, in the Delaware Chancery Court, In re Answers Corp. Shareholders Litigation finds plaintiff shareholders arguing to enjoin the sale of the company because they believed it was of higher worth. The Court finds the…
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Top Ten Deal Killers! It’s an too familiar story line in the deal business. After months of hard work and, in many cases, hundreds of thousands of dollars in legal fees and expenses, the deal blows up. Most of the time it’s solely the fault of the participants—usually the seller—but sometimes external factors can add to the risk of deal failure. The really unfortunate thing about these bad outcomes is that many can be avoided with careful planning, due diligence, preparation, and just plain common sense. This article addresses the Top Ten Deal Killers and offers some suggestions on how…
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Owner Personality Strongly Affects Business Value. Learn How. As consultants work with business owners to plan successful exit options, it’s helpful to spend some time thinking about how the business was built. Paul Brown here describes how different owner personality types—described here as “Mountain Lions,” “Wolf Packs,” “Beavers,” or “Ants”—tend to build quite different sorts of businesses. Different approaches to taking risk, building management strength, and investing in long-term business structure can radically affect final business value. Here’s how.
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Medical Practice Benchmarking, Financial Performance, and Quality Care Benchmarking physician practices is an important way to assess practice value by comparing a practice’s norms to peer practices in similar specialties or in the same geographic reason. Most physician practices, according to experts, can benefit substantially from benchmarking. Moreover, it’s pretty easy to do! Here David Fein discusses what he’s discovered about the process and its benefits.
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Thursday, May 23, 2013Business Valuation Webinar Week: Valuation Issues of Renewable Energy InterestsTime: 11:00 a.m.-12:00 p.m. Pacific / 12:00 p.m.-1:00 p.m. Mountain / 1:00 p.m.-2:00 p.m. Central / 2:00 p.m.-3:00 p.m. EasternCPE: 1 hourPrice: $145.00 Purchase Webinar Thursday, May 23, 2013Valuation Databases to Improve Efficiency—Using Duff & Phelps Risk Premium Report and Risk Premium CalculatorTime: 11:00 a.m.-1:00 p.m. Pacific / 12:00 p.m.-2:00 p.m. Mountain / 1:00 p.m.-3:00 p.m. Central / 2:00 p.m.-4:00 p.m. EasternCPE: 0 hourPrice: $0.00 Purchase Webinar Thursday, May 23, 2013Valuation Databases to Improve Efficiency—Using Duff & Phelps Risk Premium Report and Risk Premium CalculatorTime: 11:00 a.m.-1:00 p.m. Pacific /…
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What Data Valuators Need from Physician Practices—and Why! Physician practices are increasingly undergoing consolidation. Often that means being acquired by a hospital, and a prerequisite of being acquired is having a valuation performed by an independent, third-party valuator. Here’s information on the sort of data that valuators need (and that physician practices should be collecting today), an explanation of why valuators need that information, and how they use it.
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Learn How to Set up Prevention Systems, Identify Relevant Data Relationships, and Think Outside the Box There generally are three types of people who commit fraud: die-hard criminals, otherwise honest people who give in to temptation, and otherwise honest people under severe stress. Strong internal control programs can help two of these types from making a catastrophic mistake. Here’s how to protect revenue and discourage criminal behavior.
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GigaOm M&A Advisor: “Sales Don’t Create Value. What You Do Creates Value.” GigaOm M&A Advisor Marty Wolf explains how, especially in the tech field, five great ways to destroy your company include: 1. Opportunistic acquisitions 2. Growth for the sake of growth 3. Weak balance sheet 4. Convoluted ownership structures 5. Missing the window on a liquidity event How does this play out in the real world? Just look at Cisco, writes Wolf. Over the span of 10 years, Cisco’s sales rose nearly 94 percent while its enterprise value actually declined 29 percent. Read the whole thing.
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Good Grasp on Value Enables Better Tax & Retirement Planning, Reduces Conflicts The Washington Post’s On Small Business blog cites data from a variety of sources that indicate most small business owners don’t have a good grasp on the value of their business. Written by Gerald Radican, the piece on the Post blog cites these findings from Spardata, a Maryland-based valuation firm: A typical business owner misjudges the value of his or her company by 59 percent. That’s because business owners often choose to estimate the value based on what other businesses in the same industry are valued. Such rationale assumes…
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In United States v. David A. Taylor IRS Lays Down the Law The Wills, Trusts, and Estates Prof blog reports on a recent case demonstrating that if a fiduciary has a duty to pay a claim of the government before paying a debt—or they may be personally liable for the unpaid claims of the government! Here are some of the case details: David J. Tyler and Paula I. Tyler were a married couple who held real property on Cricket Lane in Pennsylvania as tenants by the entirety. The IRS issued deficiencies for their income taxes from 1992-1998. On August 20,…
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Weeding out Junk Science? Or Scaring Off Competent Experts? Are Daubert challenges really weeding out “junk science” and “pseudoscience” in the courtroom, or could it be that they are actually scaring off good, competent experts? Given the numbers alone, one can’t help but wonder. Bullseye, a Legal Blog on Expert Topics, reports on a new study that examines the question. Since the U.S. Supreme Court’s 1999 decision in Kumho Tire Co. v. Carmichael, which established that the criteria set forth in Daubert applied to other types of expert testimony – not just that of a scientific nature – the number of Daubert challenges has risen sharply. While…
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New Medical Billing-Code Provides Precision; Nine Codes for Macaw Mishaps Today, hospitals and doctors use a system of about 18,000 codes to describe medical services in bills they send to insurers, Anna Wilde Matthews reported in the Wall Street Journal not too long ago. Apparently, that doesn’t allow for quite enough nuance.: A new federally mandated version will expand the number to around 140,000—adding codes that describe precisely what bone was broken, or which artery is receiving a stent. It will also have a code for recording that a patient’s injury occurred in a chicken coop. (See code.) Indeed, health plans…
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There’s No Accounting for the Subscription Economy It’s taken over 10 years to get the idea of the subscription economy into our noggins, but we’ve barely started internalizing what it takes to support it and report on it as a business, reports Dennis Pombriant at CRM Buyer. Add “Accounting” for 32 Points and a Triple Score “Wall Street types are very accustomed to companies selling products rather than subscriptions,” he reports. But “subscriptions have a mixed bag of revenue recognition ideas that challenge the status quo”: . . . Subscriptions as a way of doing business are just about everywhere;…
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The Unjustly Neglected “Margin Call” Ross Douthat at the New York Times thinks the Oscars missed crediting an important film this year: Speaking of Noah Millman, reading his Oscar post reminds me that my own comments on the year in movies neglected to mention what was perhaps the most striking injustice of the Best Picture nominations: The lack of any love for “Margin Call,” which was, as Millman writes, “not only extremely well-written and well-acted … but an extremely rare effort to accurately depict the culture of Wall Street.” (Be sure to check out his perceptive take on the movie’s moral and professional dilemmas.) The movie did…