Federal and State-by-State Guidelines that Expert Witnesses Should Know (Part I of II) Navigating the maze of discovery rules in economic damage cases can be daunting. Professionals often face a patchwork of regulations across jurisdictions. This two-part article provides an overview of key discovery rules applicable in federal courts and each of the 50 U.S. states. Navigating the maze of discovery rules in economic damage cases can be daunting. Professionals often face a patchwork of regulations across jurisdictions. This two-part article provides an overview of key discovery rules applicable in federal courts and each of the 50 U.S. states. The…
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Overview of an Expert’s Testimony in a Precedent Setting Texas Court Case The author had the opportunity of being the economic expert for the plaintiff in the initial case in the Business Court of Texas Eighth Division. This assignment provided the author with an opportunity to argue the modern new business rule as the basis for the lost profits calculations prepared in connection with the case. It provided the first Daubert (Robinson in Texas courts) challenge in business court and the first judge’s ruling on a motion to exclude an expert’s testimony for the business court. This article reviews the…
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A Process As valuation professionals, we sometimes serve dual roles. In this article, the author shares a step-by-step listing of his vetting process. This checklist is meant as his guide but is also used to help clients start the projection process. The guide is for anyone using a projection as a guide to a valuation analysis. Business valuators are typically provided with a client’s budget or financial projection which can help when preparing the eventual valuation. In most situations, these are optimistic and are usually intended to convince a lender or investor to make a positive decision, so it needs…
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Turning Raw Data into Real-Time Insights with ChatGPT This article explains how professionals can use ChatGPT to create custom dashboards from virtually any dataset—without needing advanced programming skills. It walks through how AI can assist with structuring raw data, identifying key performance indicators, generating visualizations, and even producing dashboard-ready code that you can view immediately. The piece highlights how AI reduces development time, improves insight discovery, and allows consultants and advisors to rapidly prototype and deploy decision-support tools for clients. A companion video resource demonstrates the full process step-by-step. Data is everywhere—but insight is not. Consultants, valuation professionals, and financial…
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Deconstructing the Idea of the Risk-Free Rate To evaluate future risk factors, analysts should understand the composition of the risk-free rate and consider the data influencing U.S. Treasury Bond yields. This article analyzes the criteria for evaluating the risk-free rate for use in engagements involving business valuations and economic damages. The general notion of a “risk-free rate” is the return available as of the valuation date on a security that the market generally regards as free of the risk of default.[1] U.S. Treasuries have fit this profile for decades, providing minimum, safe alternatives for risk-averse investors. They also provide a…
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Navigating Liquidity, Valuation, and Risk When exits slow down, everything else starts to feel tighter. That is where many sponsors are today. In this article, the authors discuss the reasons for the longer exits and ramifications. Private equity runs on exits. When exits slow down, everything else starts to feel tighter: fund timelines, liquidity planning, and even conversations with investors. That is where many sponsors are today. Exits are taking longer, buyers are tougher on price, and financing is not as easy as it used to be, so more companies are staying in portfolios past the “normal” timeline. That means…
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How a New Proposed Rule of Evidence Seeks to Admit AI Analysis and Supplant Experts On January 30, 2026, Anthropic released legal plugins for its Claude AI that automate contract review, compliance tracking, and legal analysis. Within three days, $285 billion in market value evaporated from legal software and publishing companies. This was not a correction. It was a signal. The AI companies are no longer content selling infrastructure, now they are coming for the legal, financial, and forensic analysis applications themselves. The author discusses the legal and practical repercussions that the new Federal Rule of Evidence would have on…
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The Foundation of Unassailable Authority When you sit in deposition or at trial, you can speak with absolute confidence about your methodology because it is not something you invented for this case. It is something you have applied in hundreds or thousands of cases. The best defense against aggressive cross-examination is not clever language or diplomatic positioning. It is methodological consistency applied with rigor. In this 24th article of the Unimpeachable Neutrality series, the author addresses something that has become increasingly important as technology changes the nature of expert testimony: the relationship between consistency, methodology, and credibility. The best defense…
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A Beginner’s Roadmap to the Technology Behind ChatGPT I also get asked about the technology behind AI and have wanted to create an easy-to-read guide on the topic. So, here it is! This guide serves as a foundational primer on modern AI, written for readers who want to understand the technology without needing a technical background. It walks through the major building blocks of today’s AI ecosystem, including large language models, generative AI, machine learning, neural networks, tokens, vector databases, RAG systems, and AI agents. Each concept is explained using analogies and simple examples so readers can quickly grasp how…
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Advice for Medical and Dental Professionals and Their Advisors This article walks readers through what really matters long before these professionals think about listing their practice for sale. Understanding the “why” behind each step, not just the “what”, is crucial. As one reads through, keep in mind that the information is generalized, not specific to a specific specialty area. It is strongly suggested the dental and medical professionals consult with a trusted professional(s) to provide the smoothest path toward the transition or retirement phase. *Preface: Recently, I have had two medical/dental practice valuation referrals, and two physician-clients ask me for…
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Why Financial Experts Get Excluded and How to Avoid It In this article, the authors describe at a high level the rules governing admissibility of expert testimony, discuss common pitfalls, and provide some tips for avoiding these pitfalls so that expert opinions can be admitted into evidence with maximum effect. Financial experts play a vital role in financial restructurings, delivering important insights in many contexts, including plan confirmation, analysis of sales of a debtor’s property, preferential and fraudulent transfer litigation, and many other areas. They also can be pivotal in commercial disputes and transactions, opining on business and asset valuation,…
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A 10-Day Fraud Detection Sprint That Protects Business Value It is important to not only establish next steps but attempt to blur the line between fraud-driven forensic investigations and valuation to provide the connective tissue; explaining how they overlap resulting in misleading valuation calculations. In this article, the author shares a 10-day fraud detection “sprint” to identify the reliability of earnings and balance sheet integrity. This past December, I authored a short article titled, “’Tis the Season (for Fraud): How Businesses Can Be On-Guard”[1], which discussed many of the tactics that are employed by fraudsters during those chaotic periods such…
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In re Harnack: Don’t Ignore Discovery and the Court’s Orders In re Harnack, 2025 IL App (1st) 240835, 2025 Ill. App. Unpub. LEXIS 1094, 2025 LX 124170 (Ill. App. June 24, 2025) serves as an admonition to litigants that are obstinate and refuse to follow the court’s order. Frequently, this happens in connection with discovery and paying judgments. This case serves as a reminder that there is a cost to failure to comply and follow a court’s order. Dr. Joyce Brothers, perhaps the first psychologist to gain fame through television, once said, “My husband and I have never considered divorce.…
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Learn how to run an LLM on your computer so you do not have to worry about exposing client data. If you have been curious about protecting your client data but you still want the benefits of using AI, this video is for you. Today I am going to show you a simple way to run AI directly on your own computer; no cloud required. In the next few minutes, you will see how to use GPT4All to run a local LLM so you can test ideas, stay in full control of your data, and still get the power of…
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Physician Groups Express Concern Over Efficiency Adjustment and New ASM Model, and Push Towards a Value-Based Model On October 31, 2025, the Centers for Medicare & Medicaid Services released its finalized Medicare Physician Fee Schedule for calendar year 2026. This article discusses the provisions contained in the MPFS final rule, as well as stakeholder reactions. On October 31, 2025, the Centers for Medicare & Medicaid Services (CMS) released its finalized Medicare Physician Fee Schedule (MPFS) for calendar year (CY) 2026, which “advances primary care management through improved quality measures, reduces waste and unnecessary use of skin substitutes, and introduces a…
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Guidance for a Rapidly Changing Landscape Confidentiality remains the first and most immediate area of professional risk. Many AI tools store inputs, transmit data to outside servers, or use information to train future models. For valuation professionals handling confidential data, the stakes are high. The author shares how to use AI and adhere to professional and ethical standards. Artificial intelligence (AI) has rapidly become part of the daily toolkit for many valuation and financial forensic professionals. Whether used for data cleanup, modeling assistance, industry research, or drafting support, AI can reduce time spent on lower-value tasks and help analysts focus…
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Financial Implications to Hospitals Serving Substantial Percentage of Medicaid & Medicare Patients On November 21, 2025, the Centers for Medicare & Medicaid Services released its Calendar Year 2026 Hospital Outpatient Prospective Payment System and Ambulatory Surgical Center Payment System Final Rule, affecting approximately 4,000 hospitals and 6,000 ASCs. The rule finalizes payment updates, policy reforms, and transparency requirements that will impact hospital and ASC operations beginning January 1, 2026. This article discusses the key OPPS changes and updates included in the Final Rule. On November 21, 2025, the Centers for Medicare & Medicaid Services (CMS) released its Calendar Year (CY)…
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A Comparison to a Bankruptcy Proceeding and Views from the Various Stakeholders When a business faces insolvency, the path forward is rarely straightforward. This article examines the reasons why out-of-court winddowns may be a preferred alternative over bankruptcy for private equity sponsors, lenders, and boards of directors. Introduction When a business faces insolvency, the path forward is rarely straightforward. Should the company file Chapter 11 in hopes of reorganizing? Should it liquidate under Chapter 7? Would an assignment for the benefit of creditors (ABC) or a court-appointed receivership make more sense? These options dominate conversations around distressed businesses, but they…
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One Economic Loss or Two? A medical professional suffered a career ending injury. The injured person owned and managed the practice through which he provided his services. This medical professional also had employees who aided him and generated additional revenue and profits for the practice. The situation addressed in this article is as follows: While it seems plain that the physician here has lost earning capacity, has this injured medical professional also lost the value of his practice? If, the answer to the latter is ”yes”, how should such a calculation be made? In this article, the author discusses his…
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Embracing Innovation to Combat Financial Crime Fraud and financial crime have become increasingly complex and create pervasive issues for organizations of all sizes and specialties. As a result, advanced technology and AI have emerged as invaluable tools in the fight against such issues. This article focuses on how advances in AI and machine learning can aid forensic investigation procedures and further bring the detection of fraud and other financial crimes into the digital age. Introduction In today’s rapidly evolving digital landscape, fraud and financial crime have become increasingly complex and create pervasive issues for organizations of all sizes and specialties.…