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Is the Risk-Free Rate Really Risk Free?

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 availa ...

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The Era of “Illiquid for Longer” in Private Equity

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 whe ...

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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 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 co ...

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Unimpeachable Methodological Consistency

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 applie ...

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Preparing a Medical or Dental Practice for a Someday Sale

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 ...

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Don’t Get Struck

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 i ...

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The January Hangover

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 ea ...

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Legal Update: December 2025

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 failur ...

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2026 MPFS Final Rule Increases Physician Payments

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 Me ...

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AI, Ethics, and Standards in Valuation Practice

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 ...

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CMS Publishes 2026 OPPS Final Rule

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 ...

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The Case for Out-of-Court Winddowns

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 straigh ...

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Injury to a Medical Professional

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 ...

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AI Fraud Detection and Forensic Accounting

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 bri ...

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Integrating AI in eDiscovery and Digital Forensics for Corporate Investigations

AI-Driven Digital Investigations Workflow In investigations requiring eDiscovery and digital forensics, AI can be a powerful complementary tool. It enables the analysis of digital information in ways that are both efficient and insightful. This article explores practical recommendations and processes for implementing AI in digital investigations and their workflows. Introduction When most people think of Ar ...

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5 Phrases that Undermine Your Expertise

What to Say Instead In sales, the wrong choice of words can erode trust, weaken your authority, and even cost you the project. The author shares what phrases undermine one’s expertise and offers suggestions on what to say instead. In sales (and that’s what you’re doing when you try to close a project with a prospect), every word matters. The wrong choice of words can erode trust, weaken your authority, and ...

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The Impact of Tariffs on Small Business Valuation

A Comprehensive Framework for Risk Assessment and Methodical Adjustments The escalation of global trade tensions and tariff implementations in 2025 has altered the business valuation landscape and created additional challenges for valuation professionals and stakeholders. Using a multi-factor risk assessment model combined with adjusted valuation methodologies, the author shows how tariff exposure significa ...

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First Brands

Joined by More Cockroaches The recent collapses of First Brands, Tricolor, and other financially distressed companies remind appraisers that inaccuracies in financial reporting can impact the credibility of the calculation or conclusion of value. When industries undergo rapid change, the appraiser’s role could be not only to interpret market data, but also to verify the truth of the financial foundation upo ...

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Legal Update: October 2025

Dewberry Group, Inc. v. Dewberry Engineers, Inc.—Constraints Using Disgorgement In 1946, the United States Congress enacted the Lanham Act to create a registry and provide protections for certain forms of intellectual property and protect consumers from unfair competition. Damages arising from Lanham Act claims can be severe. In Dewberry Group, Inc. v. Dewberry Engineers Inc., an unusually unified Supreme C ...

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Engagement Letter Can Make or Break You

A Business Valuation Expert’s Perspective Drawing from a presentation at the 2025 NACVA BVFL Super Conference by Glenn Block and Greg Clark, this article explores key elements of effective engagement letters, common pitfalls, and practical examples to guide valuation experts in crafting robust agreements. In the ever-evolving landscape of business valuation and forensic accounting, engagement letters serve ...

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