A Primer for Business Valuation, Forensic, and Litigation Support Professionals This is the first article in a series related to the cryptocurrency valuation and litigation. This is an emerging area of practice. In this first article, the author explains what is a blockchain and the purposes blockchains serve. Cryptocurrency litigation in the past decade has appeared in various dispute types: Matrimonial disputes where property characterization, asset concealment, and valuation are key components of the forensic practitioner’s work product; In civil disputes where a lack of professional skepticism, an over-reliance on 409(A) valuations, and subversive explanations are key pitfalls of a…
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An Option to Full-Blown Litigation This article is the first of a multi-part series wherein I will provide the broad strokes of the Collaborative Process and continue with examples of engagements wherein the process has been used (both successfully and unsuccessfully). For the first two years of my practice (2013 through 2015), I worked almost exclusively in pre-nuptial agreements and divorce, mostly in business valuation services and litigation support. These first two years, as is likely the case for many sole proprietors, were from a professional perspective, the most significant for me and the future operations of my company. It…
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A Deeper Inquiry to Better Understand Risk and Performance Key performance indicators (KPIs) can provide business valuation better insight regarding the risk profile of the company, revenue drivers, forecasts, and performance of management in the market served. In this article, the author provides insight regarding what metrics are potentially available to better understand a firm that is being valued. When performing a business valuation analysis, one essential consideration is understanding the subject company’s revenue drivers. Looking at the company’s top-line revenues, a growth or a decline rate is clearly visible. Throughout the valuation engagement, a valuation professional may inquire about…
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The Layered Approach There is a maxim in forensic accounting that investigations take twice as long as anticipated, yet the final report appears to have taken half the time. This article provides an overview of the forensic methodology to balance client expectations with the appropriate level of service. Each progressive layer allows for the milestones reached to be evaluated before expanding the scope. This article will also assist the forensic practitioner in communicating the costs of continuing the analysis against the anticipated benefits. There is a maxim in forensic accounting that investigations take twice as long as anticipated, yet the…
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Business Revolution, Ethical Implications, Strategies for Business, and the Path Forward In this article, the authors examine the fine line between the unparalleled benefits of AI and its potential pitfalls. The authors advocate for a future where humans and AI work together harmoniously, driving innovation, productivity, and long-term success in an increasingly competitive global landscape. As professionals continue to develop and utilize AI, it is essential to remember that it is a human creation, designed to enhance humanity. AI should remain a tool for human betterment, augmenting our capabilities rather than replacing them entirely. This said, there are risks and…
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Reflections from an Experienced BV and Litigation Support Professional The author recalls that he originally thought that going solo was an ideal world. He distinctly recalls “I imagined hanging out my shingle and top shelf clients calling me to do their valuation projects on day one. Those clients would pay premium fees for my sage advice and bespoke reports. And the workflow would be steady.” Given his years of experience, the author shares eight truisms of being a solo practitioner. In my original, ideal world of going solo, I imagined hanging out my shingle and top shelf clients calling me…
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(Part IV of IV) Analysts often apply the cost approach to value special-purpose property. And the measurement of economic obsolescence is an important but often controversial procedure in such cost approach analyses. Part one of this four-part series considered economic obsolescence concepts. Part two discussed the generally accepted measurement methods. Part three recommended responses to the most typical assessment authority objections to economic obsolescence measurements. This fourth part recommends best practices responses to other (but still common) assessor objections to economic obsolescence measurements. Introduction Valuation analysis (“analysts”) are often asked to value special-purpose industrial and commercial property. When analysts value…
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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. NACVA set upon drafting a white paper that would provide valuable insight to the future of the business valuation profession, with Chris Mercer taking the lead who is known by nearly every person in…
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(Part III of IV) Part one of this four-part series discussed the unit principle of property appraisal. Part two discussed the methods of economic obsolescence measurement. This third part recommends best practices responses to the most typical assessment authority objections for economic obsolescence measurements. Introduction Valuation analysts (“analysts”) are often asked to develop value for complex industrial and commercial properties for taxation and other purposes. Unit principle appraisals value these complex properties as a single unit operating collectively on a going concern basis. And the analysis of economic obsolescence is an important cost approach component in the unit principle appraisal…
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Selection of Metrics to Measure Success Over the past years, companies have adopted a hybrid work model, that is an alternative to the Monday through Friday 9:00–5:00 in-office model. What hybrid model works best? This article discusses the emergence of the hybrid work model and metrics applied to test the model. With 74% of U.S. companies transitioning to a permanent hybrid work model, leaders are turning their attention to measuring the success of their hybrid work model. That is because there is a single traditional office-centric model of Monday–Friday 9:00–5:00 in the office, but many ways to do hybrid work.…
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(Part II of IV) The first of this four-part series considered the differences between the unit principle of property appraisal and the summation principle of property appraisal. This second part describes and illustrates the generally accepted economic obsolescence measurement methods (with particular emphasis on the capitalization of income loss method). Introduction Valuation analysis (“analysts”) are often called on to value complex, special-purpose industrial and commercial property operating collectively as a single “unit” of property. Analysts typically apply the cost approach to value such special-purpose property. This discussion focuses on the identification and measurement of economic obsolescence within the application of…
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June 2023 What happens when an owner pays him or herself a non-market rate of compensation? This month’s legal update presents, Mekhaya v. Eastland Food Corp., 287 A.3d 395; 2022 Md. App. LEXIS 938 (Md. Ct. App. December 22, 2022). In that case, an appellate court discusses what can happen when owners use their control prerogatives to pay owner employees more than a market rate for the services they provide to the organization. Owner managed privately held businesses can sometimes play fast and loose with characterizations of employment compensation and equity holder dividends/distributions. Tax preparers will sometimes raise concerns that…
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Avoiding Speculation The author of this article, Dr. Kreuter, recently testified in a jury trial in New York State Supreme Court. The case was heard in April 2023. In the case, Kela Tennis, Inc. (“Kela”) sued the City of Mt. Vernon (“Mt. Vernon” or “the City”). On behalf of Kela, Dr. Kreuter calculated the economic damages in connection with the City’s breach of contract with Kela. The City had wrongfully destroyed the tennis bubble Kela had operated, leading to severe losses. This article explores the method used to compute damages, which included careful consideration of partially offsetting mitigation, a reasonable…
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There are riches in niches! That’s because you cannot be everything to everybody. Sounds reasonable. But what is missing is the advice that will help you identify your practice niche that everyone says is the secret sauce to making more money. There are riches in niches! That’s because you cannot be everything to everybody. Sounds reasonable. But what is missing is the advice that will help you identify your practice niche that everyone says is the secret sauce to making more money. I’ve written previously that my niche was tax purpose valuations for manufacturing and distribution companies. (I practiced what…
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(Part I of IV) Valuation analysts (“analysts”) are often asked to value special-purpose industrial and commercial property. These analyses may be developed for various purposes, including taxation purposes. This discussion focuses on the identification and measurement of economic obsolescence in the application of the cost approach to value such special-purpose property. This topic is particularly relevant to the unit principle appraisal of integrated and complex properties operating on a going-concern basis. Analysts and tax assessors often apply the unit principle of appraisal to value such complex industrial and commercial properties for state and local ad valorem tax appeal and litigation…
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A Review of the Basics for Lost Profits (Part V) This is the fifth article in a series reviewing the basics for lost profits. When calculating lost profits, some assignments will show results with future lost profits. The future lost profits must be discounted to a present value. This article will review issues relating to discounting future lost profits to their present value. The topics discussed will be (1) from what date to discount losses, (2) ex ante and ex post approaches, (3) modeling or not modeling projections of future losses, and (4) the appropriate discount rate. This is the…
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May 2023 In the recent case of Munro v. University of Southern California, the issue raised there is when and whether can a Plaintiff proceed to trial on a new damages theory after the discovery deadline has passed. This article discusses FRPC 37, the federal rule of civil procedures that sets forth the standard for admitting or denying the admission of a new theory under the circumstances described above. For those of us caught up in the chaos of litigation, it may sometimes seem that scheduling orders and court deadlines are arbitrary and subject to change at the judge’s whim.…
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Part I in a Series Addressing Advances in Forensic Accounting and Financial Forensics The author of this series of articles is co-founder of Valid8 Financial Forensics Software, a Seattle, WA and Boulder, CO-based professional service provider. These articles set forth techniques used to investigate financial fraud allegations and focus on the flow of funds. As 2023 comes into clearer view, it is evident that the changing economic tides will bring a greater emphasis on scrutiny. With interest rates on the rise and recessionary fears growing, the tide is, at long last, going out—and when the tide recedes, we will truly…
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Client Onboarding Onboarding clients is a critical task. This is a process that enables practitioners to mitigate risks and set client expectations. The author shares his views on the importance of client onboarding. While the experience of a new client or matter can be enthralling, practitioners should consider utilizing a formal, comprehensive client onboarding process to mitigate risk. Accepting a client or matter that does not align with you and your organization’s business goals can be a deflating experience for a professional and his/her team. Professional organizations have created standards for which their members should ascribe to and serve as…
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Relief for the Tenant? Grief for the Landlord? With an anticipated increase in brick-and-mortar retailer bankruptcies, landlords may find themselves with little control over the future of their leases with bankrupt retailers. The Bankruptcy Code was designed to provide a “fresh start” to debtors whose balance sheet was weighed down by too many obligations, too little income, or insufficient cash flow. A debtor demonstrating a reasonable likelihood of a successful reorganization may be entitled to rid itself of costly real estate leases. But what are the rights of the landlord? A recent decision in the Southern District of New York,…