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…
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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 bring the detection of fraud and other financial crimes into the digital age. Introduction In today’s rapidly evolving digital landscape, 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…
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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 Artificial Intelligence (AI), they often envision Generative AI (Gen-AI) tools that create content (such as images, videos, or text) or imagine futuristic scenarios involving intelligent robots or dystopian worlds where AI becomes self-aware, like Skynet and the T-800 from Terminator. While these ideas are fascinating, the real-world impact of…
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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 even cost you the project. If you’ve ever found yourself wondering why some prospects ghost you, it could be your language. So here are five words/phrases that—if you’re using—you should stop saying. And…
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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 significantly impacts enterprise values across industries. Introduction The global trade environment has undergone dramatic transformation since 2025. The implementation of sweeping tariff policies that has altered cost structures, competitive dynamics, and risk profiles across industries. The weighted average U.S. tariff rate has surged from 2.2% to over 17% under aggressive policy scenarios, representing the highest levels since…
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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 upon which that data rests. This author shares when and why a forensic accounting engagement is advisable before preparing a business valuation. Introduction Recent news about cockroaches includes pest-related issues like an infestation at a Florida cafe and a San Jose restaurant that was…
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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 Court addressed how disgorgement can be constrained. In 1946, the United States Congress enacted the Lanham Act (15 U.S.C. §§1051 et seq.) (the “Act”) to create a registry and provide protections for certain forms of intellectual property and protect consumers from unfair competition. While typically limited to disgorgement of the…
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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 as a cornerstone of professional practice. As highlighted in the 2025 NACVA presentation by Glenn Block and Greg Clark, these documents are not mere formalities. Rather, they are strategic tools that can protect practitioners, clarify expectations, and ensure compliance with professional standards. Drawing from the presentation, this article…
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The recent bankruptcies of First Brands, a large auto parts supplier, and Tricolor, a car dealership chain, have renewed concerns about lending practices more than two years after the collapse of Silicon Valley Bank. That earlier failure was driven by rising interest rates that reduced the value of its bond holdings and caused panic across the banking sector. Appraisers may regard these as isolated instances rather than evidence of a broader financial crisis. Either way, the author proposes that business valuation professionals should consider these issues when completing current business valuation engagements. Introduction MSN[1] recently quoted JPMorgan Chase CEO Jamie…
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In this article, the author shares what “pick-up line” works best for him to get attorneys to refer work. I have a “pick-up line” that works almost every time with new referral sources, particularly attorneys. Want to hear what it is? Before I tell you, let’s first talk about what referral sources, like attorneys, are up against so you can see why this pick-up line works. The Resistance You Must Overcome You’ve heard about the know, like, and trust thing, right? That people do business with people they know, like, and trust. Look at that from an attorney’s perspective ……
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Valuations performed for mergers and acquisitions are different than most of the traditional valuation work. The author of this article shares the standard of value used in these engagements, the due diligence conducted, and merits of preparing a calculation report in anticipation of going to market. Valuations performed for mergers and acquisitions (M&A) are different than most of the traditional valuation work we handle on a day-to-day basis. One of the biggest differences is the standard of value used. Typically, the valuation professional will use investment value rather than fair market value. NACVA’s definition of investment value is “the value…
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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,…
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Effective exit planning is essential for business owners to maximize financial outcomes when selling or transferring their business. This second part of the comprehensive guide explores the strategic options available, the timing required for preparation, and key value drivers to enhance sale success. Read Part I here. Effective exit planning is essential for business owners to maximize financial outcomes when selling or transferring their business. This comprehensive guide explores the strategic options available, the timing required for preparation, and key value drivers to enhance sale success. Determining the value drivers for a company is a complex issue and many issues…
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The First Brands Chapter 11 filing, the questions raised regarding its use of off-balance sheet financing and its new leadership, is setting the stage for an investigation. In this article, the author shares what may ensue at this early stage of the controversy. Introduction Automotive News[1] reported that, on October 13, 2025, First Brands reported its founder, Patrick James, had stepped down as CEO and will be succeeded by Chief Restructuring Officer, Charles Moore, on an interim basis, as the auto parts maker advances its Chapter 11 bankruptcy process. On the same day, the Wall Street Journal[2] reported that First…
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Effective exit planning is essential for business owners to maximize financial outcomes when selling or transferring their business. This two-part comprehensive guide explores the strategic options available, the timing required for preparation, and key value drivers to enhance sale success. Effective exit planning is essential for business owners to maximize financial outcomes when selling or transferring their business. This comprehensive guide explores the strategic options available, the timing required for preparation, and key value drivers to enhance sale success. I have been involved in buying and selling businesses for about 25 years and have talked to countless business owners during…
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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…
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First Brands Group Holdings has filed for Chapter 11 bankruptcy, capping weeks of turmoil sparked by creditor concern over the auto-supplier’s use of opaque off-balance sheet financing. The U.S. Department of Justice has launched an investigation into the circumstances leading to this company’s collapse. In late September 2025, U.S. auto parts maker, First Brands, filed for bankruptcy relief. A key issue that is under investigation is a $2 billion factoring arrangement. The U.S. Department of Justice has launched an investigation into the circumstances leading to this company’s collapse. This article raises several initial questions regarding the use of off-balance sheet…
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SOP 50 10 8 provides specific thresholds and scenarios dictating what type of valuation is required and by whom for 7(a) and 504 loans. Valuation professionals including CVAs, CPAs, and other appraisers should understand these guidelines to ensure their appraisals meet SBA standards. All requirements cited here are drawn directly from this SOP. Effective June 1, 2025, the U.S. Small Business Administration’s (SBA) SOP 50 10 8 (Lender and Development Company Loan Programs), brought important updates and clarifications to business valuation requirements for 7(a) and 504 loan programs. Valuation professionals including CVAs, CPAs, and other appraisers should understand these guidelines…
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Earlier this year, the CMS released its proposed MPFS for 2026. In addition to the agency’s suggested increase to physician payments, the proposed rule also announces a new payment model and more telehealth flexibilities. This article summarizes the proposed fee schedule changes. On July 14, 2025, the Centers for Medicare and Medicaid Services (CMS) released its proposed Medicare Physician Fee Schedule (MPFS) for calendar year (CY) 2026. In addition to the agency’s suggested increase to physician payments, the proposed rule also announces a new payment model and more telehealth flexibilities.[1] According to CMS, the “proposed rule is one of several…
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When an attorney, banker, CPA, or wealth planner refers business to us, it can feel like we should refer business back to them. But we can’t refer to everyone because we likely don’t have that many referrals to make. The author provides insight on what it takes to become the recommended expert vis-à-vis a referral. When an attorney, banker, CPA, or wealth planner refers business to us, it can feel like we should refer business back to them (because, surely, everyone is keeping score). And we do that when we can. But we can’t refer to everyone because we likely…