and Defense Strategies Beyond Reasonable Certainty Experts estimating lost profits under the modern new business rule know that lost profit estimates in these cases are held to a higher reasonable certainty standard than calculations for lost profits in cases with established businesses. Failing to meet this higher standard may cause an expert’s calculations to be ruled as speculative. To this level of greater scrutiny, Victor Goldberg has introduced additional defense strategies for reviewing new or unestablished businesses claims. His strategies move the focus away from assessing what revenues and profits would have been “but for” the wrongful act to non-cash…
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that Produce Results Great headlines—whether in blog posts or e-mails—can convince people to continue reading, even if the writing that follows is mediocre. In fact, researchers have found that people generally read eight out of every 10 headlines…but read only two of the pieces that follow the headlines. Because blogging and email marketing are such critical tools for accounting and valuation firms, learning to write stronger headlines can open the door to significantly better marketing results. [su_pullquote align=”right”]Resources: Rethinking Referrals—Research-Based Approach to Attracting More Referrals Gaining an Advantage in a Changing Marketplace Implementing Your Marketing Strategy Developing a Marketing Plan…
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Investors are more skeptical today than ever before about the financial advice they’re getting—and of the professionals offering that advice. Of course, it’s not just the financial services industry that has people wary. The government, the news media and corporations are viewed these days with rising suspicion and distrust by a significant number of Americans. To read the full article in Financial Planning, click: Building Trust in ‘Fake News’ Era.
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In this video, Martin Shenkman, CPA, PFS, and Hugh Magill of Northern Trust, discuss issues that may arise as a result of longer life expectancies and an aging client base. Among other things, they discuss healthcare spending and the changing nature of estate planning. To read the full article in Wealth Management, click: What to Focus on When You Have Older Clients.
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Sen. Sherrod Brown, the highest-ranking Democrat on the Senate banking committee, is calling for a hearing on the Securities and Exchange Commission’s proposed Regulation Best Interest. He cited a letter from 11 former SEC economists raising concerns about the economic analysis that went into the regulation. To read the full article in Think Advisor, click: Senate Banking Panel Lawmaker Wants Reg BI Hearing.
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for the Modern New Business Rule A recent Fifth Circuit Court of Appeals decision has thrown additional light on the reasonable certainty standard used to assess lost profits for claims made by new or unestablished businesses. The decision helps put into perspective what information can and, more importantly, cannot be used to calculate lost profits for a new or unestablished business. While sometimes a daunting task, calculating lost profits for new or unestablished businesses should not be an impossible task. But for the protection of the expert and the product of his or her work, knowledge of what courts have…
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Fresenius is the First (General) MAC in Delaware History (Part I of II) What did Big Foot, the Loch Ness Monster, aliens at Area 51, and Material Adverse Changes (MACs) in Delaware used to have in common? They all allegedly existed but their existence was never proven. That recently changed with a Delaware Chancery Court judge’s 246-page decision in October 2018 that was affirmed by the Delaware Supreme Court in December 2018. Fresenius is the first time a buyer successfully terminated a deal due to a MAC clause in a Delaware court. This (and a follow-up) article summarizes the key…
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Asset managers and banks are under pressure as volatility roils global markets and investors pile into passive, low-fee funds. The $3 trillion hedge fund market has been hit hard as performance sank and funds closed last year. One recruiter thinks more shakeout lays ahead. To read the full article in Financial Planning, click: Top Financial Firms Cut Jobs Amid 2019 Market Turmoil.
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Over my 30-plus year career consulting on technology, I’ve encountered many mistakes my clients have made regarding hardware, software, and technology in general. As technology has become more integral and complicated, I’ve seen an increasing number of companies struggle with it. These problems aren’t just minor issues; in many cases they could threaten a company’s survival. To read the full article in Journal of Accountancy, click: Twelve Common Technology Mistakes You Should Avoid.
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Spotify Technology SA acquired podcasting companies Gimlet Media Inc. and Anchor FM Inc., a declaration that their specialty is the next big area of growth for the world’s largest paid music service. To read the full article in Bloomberg, click: Spotify Bets Big on Podcasting to Power Battle Against Apple.
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(OSB) The OSB technique is indispensable to establish veracity when hearing or reading questions and answers, such as deposition transcripts, expert report content and even daily conversation. You can (and should) use the OSB mnemonic in most of your public and private communications, including if you provide expert witness testimony. And, once you begin applying the technique you will find it indispensable in your forensic practice. The following describes its application. [su_pullquote align=”right”]Resources: Forensic Accounting Academy© Financial Statements—Written Confessions Thriving in Forensics—Practice Instruction for Forensic Operators© The Art & Science of Investigating People & Money©—Behavioral and Financial Forensics [/su_pullquote] Background…
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Liability Claims May Follow In this article, the Expert Witness Exchange (EWE) discusses expert witness liability exposure. [su_pullquote align=”right”]Resources: Expert Witness Bootcamp Experts Sabotaging Themselves in Court—The Judges Tell All Testimony at Trial: What the Trier of Fact Expects From the Expert Who Wants to be an Expert? Expert Preparation for the Expert Deposition [/su_pullquote] Expert witnesses provide a great service to our court system in the United States, as well as in many other countries around the world. They are often sought out by attorneys to offer their opinion in legal matters without having any personal stake in the…
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Cerulli Associates estimates that there are just over 300,000 advisors in the U.S. This number has caused some hand-wringing in our industry—and, I’d argue, for the wrong reasons. Despite forecasts suggesting the advisory industry will shrink in the coming years, there’s plenty cause for optimism. To read the full article in Financial Planning, click: Why the Market for Advisors has Never Been Better.
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The surprise split of Amazon CEO Jeff Bezos and his wife MacKenzie puts advisors on alert: Are you prepared with appropriate retirement and tax advice if your clients divorce? It’s unlikely that Bezos will have to crack open his Amazon 401(k) or IRA to get through this event. But for your average client, that’s exactly where most of their wealth may be. To read the full article in Financial Planning, click: Tax Traps for Divorcing Clients.
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Facebook has been in the news quite a bit for its ad targeting over the past year, most notably with reports that the now-defunct Cambridge Analytica used improperly obtained data to develop “personality” profiles on U.S. voters and target ads toward them during the 2016 U.S. presidential election. But many users are still unaware what information Facebook actually collects for ad targeting purposes. To read the full article in Venture Beat, click: 74% of Users Don’t Know Facebook Records Their Ad Preferences.
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Introduction: The Fundamentals of Private Equity (Part I of III) Why is private equity becoming increasingly involved in the business of healthcare? How will their involvement affect the delivery of services? This first installment of a three-part series will describe the fundamentals of the private equity industry, in general, and set forth a common terminology that will be utilized throughout the series. The second and third installments will further discuss the trends in private equity utilization in the healthcare industry. A more detailed version of this article appears in The Value Examiner, January/February 2019 issue. The remaining issues will be…
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List from Scratch Last month, I wrote about the hazards of being a digital sharecropper and the benefits of reaching your leads, prospects, clients, and referral sources with your platform—like a newsletter or blog. But first you must have a list of people to send it to, and several of you asked how I got started. Let’s talk about that this month. [su_pullquote align=”right”]Resources: Using Social Media to Build Your Practice Practicing Solo Implementing Your Marketing Strategy Gaining an Advantage in a Changing Marketplace [/su_pullquote] Last month, I wrote about the hazards of being a digital sharecropper and the benefits…
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The IRS issued proposed regulations that Sec. 956, which requires an income inclusion by U.S. shareholders of controlled foreign corporations (CFCs) that invest in U.S. property, should not apply to corporate shareholders. To read the full article in Journal of Accountancy, click: Proposed Rules Would Exempt Corporate U.S. Shareholders from Sec. 956.
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Macroeconomic trends and matters of convenience will move advisors, assets, and markets this year in the ever-changing wealth management space. To read the full article in Financial Planning, click: 19 Trends to Watch in 2019.
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The Tax Cuts and Jobs Act has provided certain advantages for clients, including a 20% deduction for qualified business income and a higher standard deduction. But a cap on deductions for state and local taxes and a different method for determining inflation adjustments could create challenges. “The TCJA has given wealthy taxpayers some interesting changes to their return,” noted Scott Kadrlik, CPA, PFS. To read the full article in Financial Advisor Magazine, click: Potential 2019 Tax Changes Your Wealthy Clients Need to Know About.