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 ...

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. ...

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. ...

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. ...

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 ...

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 ...

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. ...

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. ...

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. ...

Engage Employees with Teamwork and Consensus; Look Beyond Your Own Industry, and Execute Carefully In a recent issue of the Financial Planning Association’s Practice Management Solutions, Paul R. Brown identifies important factors successful business owners pay careful attention to when managing substantial change in their organizations successfully. Here’s what to pay attention to. ...

The Definition of Risk is Standard Deviation of Returns; Here’s What it Means, and What it Has to Do with “Total Beta” Is the Capital Asset Pricing Model (CAPM) superior as a valuation modeling tool to Total Beta? Peter J. Butler and Gary Schurman think not. Here’s why: ...

Lots of Room for Innovation on Security. M&A Pros: Here’s What to Watch! What’s an important sector to keep an eye on in terms of M&A? Mobile Security. Mobile devices face at least four threats: Fraud (stealing $$), data theft, and probing and nuisance attacks. There’s room for innovation on everything from voice encryption, payment card processing, digital rights management, user authentication, ap ...

First, Define a Computer Use Policy for Your Firm How can you best protect against IP theft—or simple misuse—by employees? Karl Epps explains that a solid first step is defining a computer use policy establishing approved policies and protocols for removable media, offsite storage, remote access, and laptops. Here’s an overview of common problem areas and software and policies that can help best address the ...

Cases in Ohio, Delaware Assess Acquisition Share Value, Family Business In Iacampo v. Oliver Iacampo, the Ohio Court of Appeals rules on the appropriate use of experts in valuing a family business, the nature of passive income, and financial help from the wife’s parents. In Delaware,  Gaerreald v. Just Care, Inc. turns on proper methods for determining share value, the value of an expert opinion, and defere ...

Here’s How a Systematic Review of Risk Can Help Valuators Assign Appropriate Discounts and Premiums Industry risk can vary widely from company to company and industry to industry. Here are 20 questions valuation analysts can use to identify risk related to market segment; competitive position; political, environmental, and legal factors; pricing trends; profit margins, and more. ...

Should Valuators Give Citations to Specific Court Cases in Expert Reports? Different expert witnesses subscribe to different schools of thought about whether it’s best to make frequent and specific citations in an expert report or not. Charles Lunden lists 12 reasons supporting one set of conclusions. Find out more! ...

Fifth Circuit Disallows 40% Valuation Misjudgment Penalty, OKs 20% Negligence Penalty The Court of Appeals for the Fifth Circuit disallows a 40% valuation misjudgment penalty in Bemont Invs., LLC v. United States, but affirms a Texas Court’s 20% negligence penalty.  Judge Goeke at the Tax Court draws distinctions on when charitable deductions are allowable in Dunlap v. Commissioner. ...

Owners: Don't Exit Before You're Ready, Lock Yourself In, or Count on Future Consulting There is no single formula that will result in a happy retirement for business owners. Over 75 percent of business owners say they regretted selling their companies a year after the sale, according to a PwC study entitled “Whose Business is it Anyway?” But there are ways to improve the chances that consultants can help o ...

Why Experts Working from the Same Facts Generate Varying Opinions Financial experts can differ wildly in their opinions and findings because of differences in their underlying financial and economic assumptions, differing legal interpretations, differing theories on damages, and different access to information. Jim Gravitt explains. ...

Maintaining Professionalism Under Pressure and Under Oath Different legal professionals can use vastly different deposition techniques. John R. Markel shares two starkly different experiences with depositions, and details how to prepare yourself for the standard questions as well as how to cope with curveballs. ...