Is Your Goal More Revenue or More Profit? Your Next Hire May Tell According to BVR’s 2023 Business Valuation Firm Benchmarking Survey, the demographics say you, dear reader, most likely run your firm as a solo (24 percent of respondents), are in a firm with one or two employees (21 percent), or are heading up a small valuation practice in a traditional CPA firm. In this article, Rod Burkert shares his thoug ...

Court Admits Royalty Analysis on a Convoyed Sales Approach and Denies Motion to Exclude Patent Infringement Case This case arose from a patent infringement lawsuit filed by the Plaintiff, Daedalus Blue, LLC against the Defendant, MicroStrategy Incorporated. Daedalus alleged that MicroStrategy’s analytics software products infringed on two patents originally developed by IBM: the ‘172 patent related to data ...

The Perils of a Party Doing their Own Business Valuation in a Dissolution Action Kwak v. Bozarth is an unpublished Massachusetts case. The trial court made several decisions based on unavailable data. The case illustrates the perils of a party in a martial dissolution acting as their own expert and underscores the importance of how the standard of review affects an appellate panel’s review of the trial cour ...

For Free Imagine streamlining the administrative and marketing tasks of your business valuation or forensic accounting firm, freeing up valuable time to focus on higher-value activities. In the dynamic landscape of these industries, professionals are constantly seeking innovative solutions to boost productivity and efficiency. In this article, we delve into the extraordinary capabilities of ChatGPT and its ...

Part III of III This article is the third and final of a three-part series on intangible property and property tax appraisals. Read Part I here and Part II here. Valuation analysts are often retained by industrial and commercial companies to assist with state and local property tax planning, compliance, and controversy matters. Often, analysts are retained by the legal counsel for the corporate taxpayers. T ...

The Role of a Neutral Third-Party Valuation Expert as an Umpire in Partnership Deadlocks Partnerships are common structures in professional service practices, offering opportunities for synergistic collaboration. However, conflicts can arise, especially in the absence of a well-contemplated equitable profit-sharing formula and a deadlock-breaking mechanism in the partnership contract. This article explores ...

Part II of III This article is the second of a three-part series on intangible property and property tax appraisals. Valuation analysts are often retained by industrial and commercial companies to assist with state and local property tax planning, compliance, and controversy matters. Often, analysts are retained by the legal counsel for the corporate taxpayers. This is particularly the case when the propert ...

A Review of the Basics for Lost Profits (Part VI) The first five installments of this series have been a review of the basics for calculating lost profits. In the series, lost profits was defined, the common methods used for calculating lost profits (yardstick, before and after, sales projections, market) were discussed, the court standards for assessing lost profits (foreseeability, proximate cause, reason ...

Part I of III This article is the first of a three-part series on intangible property and property tax appraisals. Valuation analysts are often retained by industrial and commercial companies to assist with state and local property tax planning, compliance, and controversy matters. Often, analysts are retained by the legal counsel for the corporate taxpayers. This is particularly the case when the property ...

This is Why You are Not Generating Leads on LinkedIn The LinkedIn platform provides BVFLS professionals a potential avenue to showcase their firm’s knowledge and specialization. In this article, Rod Burkert shares why many BVFLS professionals on LinkedIn are unable to generate business from their presence on the platform. Did you know: Close to one-half of the USA’s millionaires are on LinkedIn—just the kin ...

Admissibility of Expert Witness Testimony and Reliability of Methodology On April 24, 2023, the Supreme Court of the United States approved two amendments to Rule 702. The language of these amendments was modified slightly from the language of the proposed amendments approved by federal judiciary’s Advisory Committee on Evidence Rules. This article discusses the amendments and how the changes will impact th ...

Consideration of Adultery in a No-Fault State and Elimination of Permanent Alimony (effective in Florida as of July 01, 2023) Florida has eliminated permanent alimony. This article discusses this change in the law, including the new alimony structure, consideration, burden of proof, and fact that the court now is allowed to consider adultery in determination of support. More than 200 laws passed in the rece ...

Sanity Checks to Keep it Real and Defensible (Part II of II) This is the second QuickRead article on interest rate volatility and modeling, read Part I here. As valuation professionals, we know that we need to develop and test the interest rate assumption. Valuation professionals also need to understand the impact that an interest rate used will have on the cash flows and value of the firm, and ensure that ...

The Vital Role of Seamless Internal Communications When occupational fraud occurs within an organization, it is not a surprise that the root cause of the fraud was due to deficient internal controls. However, what does “internal controls” mean to all parties involved at an organization? Accountants should know what “internal controls” are, but does this concept resonate with the personnel within the sales o ...

The Choice of Models and Considerations When Developing a Rate for Your BV Report (Part I of II) Why all the excitement about interest rate volatility? Can’t we just look at a multi-year average and use that in our calculations? Well, we could, but considering recent and expected volatility, that might lead to some big errors. There are several reasons. In this article, the author discusses various models a ...

(Part V) To look to the future of the BV profession, we must explore the relevant dynamics within the industry. That starts with looking to our past to see what events and milestones brought us to where we are today, followed by ascertaining the economic and demographic trends leading us into the future, and culminating with identifying those trends which will have the greatest impact upon the profession. N ...

More Than Just a Conversation What tools are available to assess an owner’s readiness to exit a business? What process exists to enable professionals to assist an owner with exit planning? This article is based on three tools presented and discussed at NACVA and the CTI’s July 2023 Business Valuation and Financial Litigation Super Conference. Those three tools are the Business Exit Readiness Index (BERI), t ...

First Steps in the Fraud Investigation The first steps in a fraud investigation are crucial to setting the tone and can set the stage for a successful, or lack thereof, investigation. This article details the first steps a company should take when initiating a fraud investigation, what experts will be necessary to uncover illicit behavior, and what parties need to be notified. Introduction Fraud is a pervas ...

Emerging Technologies, Emerging Ethical Risks This article summarizes points made at the Address at the 2023 NACVA Annual Conference. On-Demand Course: We Know Smart Contracts are "Smart" but Are They "Ethical"? Emerging Technologies, Emerging Ethical Risks It is not the business of the botanist to eradicate the weeds. Enough for him if he can tell us just how fast they grow. –C. Northcote Parkinson, in Par ...

Move Out of Your Comfort Zone In this month’s column, Rod Burkert discusses embracing risk and a growth mindset. If you are unhappy with your practice for any reason, is it because you are playing it too safe ... too small? Is your reluctance to take risks (which aren’t really risks) holding you back from reaching the next level … whatever that might be for you? Read on, learn from a seasoned BVFLS expert. ...