• Litigation Consulting - QuickRead Top Story

    Discounting Losses to Present Value in Personal Injury Cases: Three Methods to Discount Lost Income

    May 13, 2026

    Having a good working knowledge of the different methods available for calculating the present value of future lost income in personal injury and wrongful death cases gives an expert an opportunity to demonstrate his or her expertise in the forensic economic field. This article will visit three methods and expand on their similarities and differences. The U.S. Supreme Court, various Federal Circuit Courts of Appeal, and numerous state Supreme Courts have provided decisions highlighting three different methods available for calculating the present value of future lost income in personal injury and wrongful death cases. These methods are discounting using the…

  • Litigation Consulting - QuickRead Top Story

    When Loss of Earning Capacity Survives Daubert: Lessons for Forensic Economists

    May 13, 2026

    In re: John E. Hall v. Experian Information Solutions, 25-20068 (5th Cir. 2025), a recent 5th Circuit Court ruling reaffirms that earning capacity and lost wages are distinct concepts, and that an economist’s experience-based methodology can satisfy reliability standards even without a post-injury earnings comparison. The author discusses the case. In re: John E. Hall v. Experian Information Solutions, 25-20068 (5th Cir. 2025), a recent 5th Circuit Court ruling reaffirms that earning capacity and lost wages are distinct concepts, and that an economist’s experience-based methodology can satisfy reliability standards even without a post-injury earnings comparison. Forensic economists who calculate damages…

  • Unimpeachable Neutrality vs. Hardboiled Myths: A Direct Response to Hardball with Hitchner Issue 65/66
    Litigation Consulting - QuickRead Top Story - Valuation/Appraisal

    Unimpeachable Neutrality vs. Hardboiled Myths: A Direct Response to Hardball with Hitchner Issue 65/66

    May 7, 2026

    James Hitchner’s March/April 2026 issue of Hardball with Hitchner, which opens with what it calls Myth 39, devoted a substantial part to criticizing my article “Unimpeachable Substance and Principles: Business Valuation Standards and the Substance and Principles of USPAP,” published in NACVA QuickRead on March 12, 2026. I appreciate the attention. Criticism from a visible platform is an opportunity, and I intend to use it fully. James Hitchner’s March/April 2026 issue of Hardball with Hitchner, which opens with what it calls Myth 39, devoted a substantial part to criticizing my article “Unimpeachable Substance and Principles: Business Valuation Standards and the…

  • AI, Work Product, and Rule 26 in Three Cases: Beware of Your AI Queries; They May Not Be Protected
    Artificial Intelligence - Financial Forensics - Litigation Consulting - QuickRead Top Story

    AI, Work Product, and Rule 26 In Three Cases: Beware of Your AI Queries; They May Not Be Protected

    May 7, 2026

    When you are a party in a legal matter, sometimes the things you type into an LLM are protected and sometimes they are not. Sometimes, if you share privileged things with your AI-companion, those things are no longer privileged. It depends on what you shared, who you are, and why you shared it. In this article, the author discusses three recent cases that discuss what is discoverable. Three recent cases have addressed the use of large language models (LLM or colloquially referred to as “AI”) in litigation: Warner v. Gilbarco, United States v. Heppner, and Morgan v. V2X.[1] The first…

  • Litigation Consulting - QuickRead Top Story

    Four Specific Indicia of Breach of Fiduciary Duty

    April 1, 2026

    This article examines four recurring indicia that courts consistently associate with breaches of fiduciary duty: self-dealing and secret profits, misappropriation or misuse of funds, manipulation of financial reporting and compensation structures, and the usurpation of corporate opportunities. Introduction Fiduciary duty cases rarely turn on abstract principles alone. Instead, courts look for concrete patterns of conduct that reveal whether a fiduciary has placed personal interests ahead of the party to whom loyalty is owed. In litigation, breaches of fiduciary duty often emerge through identifiable financial and operational red flags: undisclosed conflicts of interest, unexplained transfers of funds, manipulated accounting entries, excessive…

  • Litigation Consulting - QuickRead Top Story

    Red Flags Indicating a Breach of Fiduciary Duty in Financial Disputes

    March 25, 2026

    Forensic accountants are frequently brought into litigated disputes to examine whether individuals in positions of trust, such as business partners, executives, or agents, have breached their fiduciary duties. While this article concerns legal issues, the author intends to express no legal conclusions and/or opinions. Forensic accountants should consult the counsel that engaged them. Introduction Forensic accountants are frequently brought into litigated disputes to examine whether individuals in positions of trust, such as business partners, executives, or agents, have breached their fiduciary duties. While this article concerns legal issues, the author intends to express no legal conclusions and/or opinions. Forensic accountants…

  • Litigation Consulting - QuickRead Top Story

    Documents of Testifying Experts: Are My Draft Reports and Notes Discoverable?

    March 18, 2026

    The purpose of this article is to explain the author’s understanding of certain issues impacting the discoverability of documents of forensic accounting, economic damages, and business valuation expert witnesses. This article is not intended to provide legal opinions, advice, or conclusions. It merely reflects the author’s current understanding of certain legal issues relating to certain aspects of expert witness reports, e-mails, and notes. Experts should consult with retaining counsel regarding specific engagement rules. Introduction The purpose of this article is to explain the author’s understanding of certain issues impacting the discoverability of documents of forensic accounting, economic damages, and business…

  • Litigation Consulting - QuickRead Top Story

    Ensuring Data Authenticity and Governance in Litigation and Business Environments

    March 18, 2026

    As digital interdependence and geopolitical fragmentation grow, ensuring data authenticity, security, and regulatory compliance is more crucial than ever. Trust in data has eroded due to the opaque nature of AI systems, varying regulatory regimes, and governance gaps, reinforcing a critical need for transparency and accountability. The authors of this article discuss the regulatory framework, importance of data protection, risks of failing to protect the same, and how protected data is of value key to the use of AI. Introduction Ensuring data authenticity, security, and regulatory compliance is more crucial than ever as digital interdependence and geopolitical fragmentation continue to…

  • Litigation Consulting - QuickRead Top Story - Valuation/Appraisal

    Unimpeachable Substance and Principles: Business Valuation Standards and the Substance and Principles of USPAP

    March 11, 2026

    In this 25th article of the Unimpeachable Neutrality series, the author wants to make a case that he believes is both technically accurate and practically necessary: the business valuation standards of NACVA, ASA, and the AICPA do not merely conform to the substance and principles of USPAP in a passive or derivative sense. They are built upon those principles, share the same foundational architecture, and in the specific context of business valuation, complement USPAP’s framework with discipline-specific structure. The conversation that the valuation/appraisal profession needs to have is not about which standard is superior. It is about recognizing that the…

  • Litigation Consulting - QuickRead Top Story

    A Guide to Discovery Rules: Federal and State-by-State Guidelines that Expert Witnesses Should Know (Part II of II)

    March 11, 2026

    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. Read Part I here. In this second part of the article, the rules for Mayland through Wyoming are summarized. Maryland Maryland’s discovery rules are codified in its Rules of Procedure, with a strong emphasis on early disclosures and efficient case management. Discoverable items include e-mails, business memos, draft proposals, and other relevant electronic or written records. For…

  • Litigation Consulting - QuickRead Top Story

    A Guide to Discovery Rules: Federal and State-by-State Guidelines that Expert Witnesses Should Know (Part I of II)

    March 4, 2026

    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 discussion is on testifying experts, as their communications and work product are subject…

  • Litigation Consulting - QuickRead Top Story

    Applying the Modern New Business Rule in Real Life: Overview of an Expert’s Testimony in a Precedent Setting Texas Court Case

    February 25, 2026

    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 case, the judge’s ruling, and the outcome of the litigation. Two years…

  • Litigation Consulting - QuickRead Top Story - Valuation/Appraisal

    Is the Risk-Free Rate Really Risk Free? Deconstructing the Idea of the Risk-Free Rate

    February 18, 2026

    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 building block for many valuation models. To…

  • Financial Forensics - Litigation Consulting - QuickRead Top Story - Valuation/Appraisal

    A Collision Course in Evidentiary Standards for AI-Assisted Financial Forensics: How a New Proposed Rule of Evidence Seeks to Admit AI Analysis and Supplant Experts

    February 11, 2026

    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 financial forensics expert witnesses and the litigation support professionals. On January 30, 2026, Anthropic released…

  • Litigation Consulting - QuickRead Top Story - Valuation/Appraisal

    Unimpeachable Methodological Consistency: The Foundation of Unassailable Authority

    February 11, 2026

    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 against aggressive cross-examination is not…

  • Litigation Consulting - QuickRead Top Story

    Don’t Get Struck: Why Financial Experts Get Excluded and How to Avoid It

    February 4, 2026

    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, damages (including lost profits), liquidity requirements, whether a transaction is…

  • Litigation Consulting - QuickRead Top Story

    The Case for Out-of-Court Winddowns: A Comparison to a Bankruptcy Proceeding and Views from the Various Stakeholders

    January 14, 2026

    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 are not the only choices. For many companies, including those with private…

  • Litigation Consulting - QuickRead Top Story

    Injury to a Medical Professional: One Economic Loss or Two?

    January 7, 2026

    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 views on this matter. I…

  • Artificial Intelligence - Litigation Consulting - QuickRead Top Story

    Artificial Intelligence or Artificial Interference? How AI is Reshaping Litigation for Better and Worse

    November 12, 2025

    AI remains a flawed practice companion. In addition to the possibility of hallucinated case citations and incorrect legal analysis, the use of AI introduces data privacy concerns and risks misadvising individuals due to overly generalized AI conclusions. In this article, the author addresses the following: Does the use of AI in litigation represent true artificial intelligence, or is it artificial interference preventing a just outcome? Artificial intelligence (AI) is rapidly transforming the modern-day legal landscape, offering tools for research, drafting, fact development, document review, expert services, jury selection, and even predicting case outcomes. If used correctly and with robust safeguards,…

  • Litigation Consulting - QuickRead Top Story

    Expert Witness E-mail Blunders That Can Sink Your Case: Don’t Say That!

    October 29, 2025

    What is protected communications in one jurisdiction might be discoverable in another. Yet, many expert witnesses draft e-mails as if their words will never see the light of a courtroom projector. The author shares what she has experienced and makes suggestions. Words live forever, especially when they are typed into e-mails during litigation. As an expert witness, your casual Monday morning thoughts could become Thursday’s courtroom exhibit, projected on a screen for all to see. The discoverability rules governing expert communications vary significantly across jurisdictions.[1] What is protected in an arbitration in Michigan might be fair game in Illinois State…