Popular Plans to Incentivize and Retain Talent Employees and executives can get added compensation in addition to their salaries. In some cases, these benefits could exceed the salary. Most of these benefits are contractual and, where there is a discretionary element, it is usually awarded by the board of directors. This article provides a round up listing of the more popular benefits. Not included are standard benefits covering most employees. Employees and executives can get added compensation in addition to their salaries. In some cases, these benefits could exceed the salary. Most of these benefits are contractual and, where there…
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Highlights of the New Bankruptcy Chapter: Chapter 5 Many small businesses could not afford the processes in place under Chapter 11. The SRBA, signed into law in August 2019, created Chapter 5 and was intended to provide a “fresh start” to small business owners. This article highlights some of the key issues under the new law. On August 23, 2019, a relatively small, 22-page bill known as the Small Business Reorganization Act of 2018 (SBRA), was signed into law by the President of the United States. The law would become effective six months later on February 19, 2020, only weeks…
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with “Pinkcast” Daniel H. Pink is author of six provocative works about business and human behavior. His website contains videos and newsletters. In this article, Rod Burkert describes how Pinkcast changed the way he marketed, and provides six reasons why BVFLS professionals may want to consider Pinkcast as a resource. Do you struggle putting pen to paper … figuring out what to say in a 300–900-word dispatch on a client-centric blog or newsletter … or having no time to work a regular written publication into your schedule? If you have a smartphone and 120 seconds, I have a solution. Before…
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Highlights the “Good” and “Bad” Hindsight Debate Many predictions are doomed to fail whereas hindsight is undefeated. Predicting the future is very difficult due to the countless permutations that can occur. By contrast, anyone can observe what happened after the fact. Not surprisingly, it can be tempting to focus on the reliability of hindsight over the (typically) more relevant contemporaneous projections when performing assessments as of a prior date. This article addresses the “good” vs. “bad” hindsight debate within the context of COVID-19 and its implications to other matters. Introduction/Summary Many predictions are doomed to fail whereas hindsight is undefeated.…
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to Convert Leads into New Business In this post, Dr. Frederiksen shares some thoughts on ways to use virtual marketing to increase visibility, communicate your expertise, and build engagement with prospects. In the age of COVID-19, these marketing techniques are essential to a firm’s survival. In my most recent post, I explained some key advantages of virtual marketing over more traditional approaches. In this post, I will share some thoughts on ways to use virtual marketing to increase visibility, communicate your expertise, and build engagement with prospects. In the age of COVID-19, these marketing techniques are essential to a firm’s…
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Time to Revisit this Tool If you think Monte Carlo simulations are too complex to use in business valuation, you are not alone. There are three main reasons valuators shy away from using Monte Carlo analysis: 1) they do not totally understand it, 2) it involves statistical analysis and most would prefer not to relive their college statistics class, and 3) it is difficult to explain, especially to a jury. A recent survey by Business Valuation Resources (BVR), which was ongoing as of the date this article was written, indicates 51 percent of the respondents (82 respondents to date) use…
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Avoiding Trademark Infringement Sometimes you need to use your competitors’ trademarks to sell your products or services. This is particularly true when you are selling, for example, replacement parts, and need to say that your replacements are compatible with the trademark owners’ products. It can also be important when providing services such as repair. If you repair BMW automobiles, you need to let others know. Fortunately, if you do it properly, you can use them and avoid trademark infringement. This article discusses fair use of trademarks. Sometimes you need to use your competitors’ trademarks to sell your products or services.…
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and its Impact on Lost Profits Calculations These are challenging times. Financial experts are faced with economic uncertainty and differing projections from various sources as to what the “new normal” will look like. Regardless of the economic circumstances, financial experts are hired to estimate lost profits. These calculations must be made with reasonable certainty. But to be reasonably certain, proximate cause must be considered. To properly consider causation during these current times, an expert must consider the impact of the COVID-19 pandemic and the economic shutdown. Without such consideration, an expert’s report will not reflect reality and could be construed…
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Personal Damages Calculations and Exposure to COVID-19 Financial experts who, in the past, have been reluctant to take on personal injury economic damages as part of their practice should reconsider that decision today. Not only is the field growing and on the verge of a potentially huge boom driven by the COVID-19 crisis, there are plenty of resources to help you quickly get up to speed performing these types of damages analysis. This article presents three reasons for valuation practitioners to consider adding personal injury, wrongful death, and wrongful termination damages calculations to their practice, and an introduction to resources…
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In a SPAC Merger Transaction The fair value of equity consideration issued in a merger involving a public company is generally calculated as the product of the quoted price for the individual equity instrument times the quantity issued (commonly referred to a “P times Q”). However, if the merger involves a special purpose acquisition company (SPAC), determining “P” can be subjective and may result in different interpretations of U.S. GAAP fair value between the valuation specialist and the parties involved in the deal. Introduction The fair value of equity consideration issued in a merger involving a public company is generally…
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Caused by the COVID-19 Pandemic Business leaders, tax practitioners, and attorneys are considering how to address the serious challenges that may arise from disruptions in commercial activities due to business closures, travel restrictions, and stay-at-home orders that were put in place in many countries around the world in order to reduce the spread of COVID-19. This is also impacting transfer pricing systems, which is the focus of this article. Among the multitude of questions that business professionals will have to deal with will be how to manage losses attributable to these extraordinary events within their intercompany transfer pricing systems. Business…
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and “Voodoo” Economic Forecasts? One of the issues facing the business valuation community as well as business owners is the newly created accounting metric called “EBITDAC”, which stands for Earnings Before Interests, Taxes, Depreciation, Amortization, and Coronavirus. This is a non-GAAP accounting metric used by some companies today to raise more debts from lending institutions by adjusting or recasting their financial statements to account for lost earnings incurred due to the coronavirus. The author asks what coronavirus add-backs are defensible under this new normal? One of the issues facing the business valuation community as well as business owners is the…
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Here’s How to Land Them What is an aspirational client? How can valuation professionals find and engage them? In this article, Rod Burkert shares his insight and experience finding aspirational clients. Aspirational clients. Who are they? What steps does it take to land them? Why are they important to our practice growth? When we started our practices, we were happy with the clients we got because we needed the cash flow to pay the bills. Being picky was not a luxury we could initially afford. But as time marched on, has your client base remained a hodge-podge or has it…
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Marketing During COVID-19 and Beyond Over the past few months, COVID-19 has become a household word, and shelter-in-place orders have rocked the business world. Small wonder that the concept of virtual marketing and business development has jumped to center stage. Nearly overnight, thousands of professional services firms have begun scrambling to figure out how to replace the only marketing approach they have ever known: old-school, in-person networking and referrals. In this post, the author describes some lessons learned by Hinge Marketing to help readers gauge where their firm is currently. The author also describes some approaches that are already working…
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The Court Opens to Tax-Affecting In Estate of Jones, the court addressed the tax affecting issue along with several other issues discussed in the valuation world today, including the proper approach for valuing an operating timber business (income vs. asset-based), the reliability of management projections, and the appropriate discount for lack of marketability. For the first time in 20 years, a valuation expert who tax-affected the earnings of a pass-through entity has had a receptive audience in the Tax Court. This article summarizes this controversy and highlights the valuation issues. In Estate of Jones,[1] the court addressed the tax affecting…
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Forensic engagements that involve determining lost profits or other economic damages often require a “time series” of economic and market data. When the lost profits or other economic damages engagement involves comparing international companies, multi-country economic data, and international market data, the challenges in locating meaningful data become especially difficult. In this article, the authors share how a time series analysis was used in an engagement, resulting from a breach of a franchise in a European Union (EU) country. To perform the time series analysis, the authors needed to gather multi-country economic data to determine the alleged lost profits and/or…
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Procedures and Bankruptcy Code Changes for CPAs and Consultants A business or individual facing financial distress can utilize three types of federal bankruptcies to attempt to resolve their financial difficulties. This article provides an overview of the differences and when each would be used. Keep in mind that bankruptcy is a legal proceeding and must be handled by an attorney. However, business and financial advisors need to have a good understanding of the process, when a bankruptcy is necessary, and which type is most applicable. Advisors need to be able to take a dispassionate view and assist in advising a…
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Their Potential Impact on Valuing a Construction Contractor Construction claims may impact the value of a construction company. In this article, the author discusses the issues that arise and the methodologies that may impact the valuation. A construction claim is a demand made by the contractor to the owner for additional revenue for construction work performed on a construction project which is beyond the terms of the contract. Simply stated, a construction claim is a change order that has not been settled or negotiated between the owner and contractor. If the construction claim cannot be settled or negotiated, then most…
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For When a Client Wants to Sell Their Business The authors in this article share a checklist developed and provided to firm clients contemplating a sell of their business. Following are the steps involved when a client wants to sell their business. Buyers can also use this list as a timeline and road map of the steps that are expected to occur and what is expected of them. ❏ Be sure client wants to sell ❏ Be doubly sure client wants to sell. Them saying it does not make it so. Many prospective sellers start the process but do not…
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Repurchase Obligation Liability There are certain valuation aspects that are unique to employee stock ownership plan (ESOP) sponsor company valuation engagements. The ESOP repurchase obligation is one of those aspects. There is a diversity of practice in the valuation profession as to how to treat the repurchase obligation for sponsor company valuations performed for ESOP administration purposes. There are several alternatives that may be appropriate depending on the facts and circumstances of the assignment, and the analyst’s interpretation of the fair market value standard of value for ESOP administration engagements. This discussion provides a hypothetical ESOP sponsor company valuation to…