Full-Time Mother (Part I of II) Striking a work-life balance is difficult. Are there solutions and an upside to firms committed to retaining the investment made developing professionals? This article was originally written in 2013 for the Withum Journal where Laura Whitman shares her perspective. The article has been updated to reflect events that occurred since it was originally published. This article was then addressed from the firm’s vantage point by John Mortenson, the partner in charge of the Withum East Brunswick, NJ office in an interview by Edward Mendlowitz, a partner in that office. This article was originally written…
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Ownership Interests in Privately Held Companies This article focuses on concepts and issues that are important for family law attorneys to understand when navigating cases that involve divorcing clients with ownership interests in privately-held entities. One of the first questions that arises is whether we need to retain a valuation expert? This is an important question, where experts can provide attorneys and the parties important guidance and address expectations, preferably early in this emotional process. [su_pullquote align=”right”]Resources: Corporate Divorce Litigation—Understanding its Dynamics and Formulating Solutions Resolving Family Law Disputes The Power of Neutrality in Resolving Family Law Disputes Valuation Issues…
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Implement Your Content Marketing Strategy To successfully implement a content marketing plan to support your firm’s overall marketing goals, you need to build an editorial calendar. In a solid, well-planned editorial calendar, everything is planned out in advance, from scheduling to headlines. In this post, Dr. Lee Frederiksen shares some tips for creating an editorial calendar. To successfully implement a content marketing plan to support your firm’s overall marketing goals, you need to build and editorial calendar. In a solid, well-planned editorial calendar, everything is planned out in advance, from scheduling to headlines. In this post, I will share some…
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Fair Market Value Considerations (Part II of II) The first of this two-part series reviewed the unique value drivers that impact the typical valuation approaches, methods, and techniques that are often utilized in determining the value of these enterprises in the current healthcare delivery system. This second part will discuss the value drivers related to home healthcare and hospice enterprises. Introduction As discussed in Part I of this two-part series on the fair market value (FMV) considerations of home health and hospice enterprises, home healthcare enterprises are those enterprises that coordinate the delivery of healthcare services to patients in their…
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April 2019 In the first quarter of 2019, there were no reported U.S. Tax Court cases involving either business, estate, or FLP valuation issues. Notwithstanding the above, there were several cases that valuation and litigation support professionals will want to consider. In this article, five recent cases are discussed. One of the leading cases circulating amongst the business valuation community is Kress v. U.S., Case No. 16-C-795 (U.S.D.C. Eastern District of Wisconsin), it has received considerable attention, especially by business valuation professionals. The Veriton Partners Master Fund Ltd. v. Aruba Networks, Inc. (April 16, 2019), a Delaware Supreme Court case…
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Fair Market Value Considerations (Part I of II) The valuation of home healthcare and hospice enterprises and services are influenced by certain market forces related to the Four Pillars of Healthcare Valuation, i.e.,: (1) regulatory; (2) reimbursement; (3) competition; and, (4) technology—each of which relates to almost all aspects of the U.S. healthcare delivery system. This first of a two-part series on home health and hospice enterprises will review the unique value drivers that impact the typical valuation approaches, methods, and techniques that are often utilized in determining the value of these enterprises in the current healthcare delivery system. Introduction…
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in Economic Damages Calculations (Part II of III) The purpose of this article—the second of three on this topic—is to provide the reader with an understanding of Chapter 2 (Costs) of the 2018 Practice Aid as well as certain other publications containing a body of knowledge on the best practices for developing “avoided or saved costs,” sometimes referred to by the courts as incremental costs. A prior article dealt with Chapter 1 (Revenue and Growth Rates) and part three will cover Chapter 3 (What Constitutes Best Evidence) of the 2018 Practice Aid and related topics. In 2015, the American Institute…
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Considerations in Applying a Size Premium (Part III of III) In this third and final article, as displayed in Exhibits 1 through 4 in Part 1 of this three-part article, the size effect has been observed even when looking at recent periods starting in 1981 and 1990. If one holds that you should not apply the SP in the MCAPM and that beta should be the only measure of risk, one is supporting using the pure or textbook CAPM to estimate expected returns. But that cannot be correct as the literature clearly demonstrates. Though the pure CAPM is a good…
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It is Not Just About Having a Buy-Sell Agreement A business is a dynamic entity. Businesses are fueled by the passion and vision of its owners. While it is hard to be passionate about administrative aspects of building a successful business, the truth is, some of that stuff is crucial. Take the buy-sell agreement or similar provisions in an operating agreement—think of it as the business will—the “what happens if” document. And while all situations cannot be covered, the major ones—job performance, disability, divorce, retirement, and death—can. These provisions should be on the must-do list when forming or getting into…
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In More Ways Than One It seems every few months we read about a financial institution involved in a money laundering scandal. The bank typically agrees to pay a fine, promises to behave, hires consultants to monitor and report to the regulators, and the scandal is generally forgotten. You may ask what do the consultants do and what do they monitor? This article will discuss the development of two recent scandals that made noteworthy headlines, the redflags to be watchful for, and the safeguards deployed to understand, monitor, and control the risks. It seems every few months we read about…
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Your Blog Posts Writing a blog is an achievement, in and of itself, but that is just the beginning. In this article, Dr. Frederiksen shares five steps you can take to effectively promote your blog posts. If you have written a blog post for your firm, well done! But before you start celebrating, you need to promote it. Why? The more targeted your promotion, the greater its reach, and the more likely that it will connect with qualified prospects. That, in turn, could mean new business, partnerships, and connections. Digital marketing tips like these can be found in Hinge’s How-To…
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Criticism of Ang (Part II of III) In the second part of this three-part article, Roger Grabowski respond to criticism over the years about the validity of CRSP Decile Size premia data. He begins by addressing the criticisms from a paper published in NACVA’s QuickRead by Clifford Ang. Roger Grabowski argues that Ang’s critique is flawed and presents concrete evidence to that effect. He also addresses other criticisms that have been made about size premia. In the second part of this paper, I would like to respond to criticism over the years about the validity of size Premia. I will…
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in Economic Damages Calculations (Part I of III) The AICPA has issued two practice aids, one on 2015 and most recently in November 2018, focused on the calculation of economic profits and damages. The purpose of this article—the first of three on this topic—is to provide the reader with an understanding of Chapter 1 (Revenue and Growth Rates) of the 2018 Practice Aid as well as certain other publications containing a body of knowledge on the best practices for developing “but for” revenues and revenue growth issues in lost profits models. Later articles will deal with Chapter 2 (Costs) and…
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and Expert Witnessing In this article, the Expert Witness Exchange (EWE) discusses expert witness opportunities available to CVAs. [su_pullquote align=”right”]Resources: Certified Valuation Analyst® (CVA®) Credential Online Directory: Find a CVA Expert Witness Bootcamp [/su_pullquote] As a Certified Valuation Analyst (CVA), there is a vast array of employment opportunities you can pursue. One area that may not be as obvious is the ability to play a crucial role in our legal system. The knowledge and expertise CVAs have to offer is incredibly important and frequently sought after by attorneys across the country. However, most attorneys are not looking for any random…
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Good E-mail Newsletter In January, I asked: Are you a Digital Sharecropper? Are you relying solely on someone else’s digital platform (e.g., Facebook, LinkedIn, Twitter) to reach your audience of leads, prospects, clients, and referral sources? Many of you do … that is not a good thing … and I told you why. In February, I wrote about How to Build an E-mail List from Scratch. It all starts with personally and individually inviting people you already know and who would benefit from the content you will be writing about to get on your e-mail list. They will be your…
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When Estimating the Cost of Capital (Part I of III) In this paper, published in three parts with NACVA’s QuickRead, Roger Grabowski reviews the size effect, potential reasons why one observes the size effect, and correct common misconceptions and address criticisms of the Size Premia (SP). Throughout this paper, the author shows that using a pure market factor as the sole risk factor in estimating the expected return provide an incomplete estimate. For the last four decades, research has shown that adjustments to the CAPM are required. Here, Roger Grabowski addresses some of the criticism to the theoretical basis of…
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Fresenius is the First (General) MAC in Delaware History (Part II of II) This is a follow-up article about the first seller that successfully terminated a deal in Delaware due to a MAC clause. The previous article addressed the General MAC clause. This article addresses the Regulatory MAC clause. Introduction This is a follow-up article about the first seller that successfully terminated a deal in Delaware due to a Material Adverse Change (MAC) clause. The previous article addressed the General MAC clause. This article addresses the Regulatory MAC clause. Recap of the Dispute This case is about a merger agreement…
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and Defense Strategies Beyond Reasonable Certainty Experts estimating lost profits under the modern new business rule know that lost profit estimates in these cases are held to a higher reasonable certainty standard than calculations for lost profits in cases with established businesses. Failing to meet this higher standard may cause an expert’s calculations to be ruled as speculative. To this level of greater scrutiny, Victor Goldberg has introduced additional defense strategies for reviewing new or unestablished businesses claims. His strategies move the focus away from assessing what revenues and profits would have been “but for” the wrongful act to non-cash…
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that Produce Results Great headlines—whether in blog posts or e-mails—can convince people to continue reading, even if the writing that follows is mediocre. In fact, researchers have found that people generally read eight out of every 10 headlines…but read only two of the pieces that follow the headlines. Because blogging and email marketing are such critical tools for accounting and valuation firms, learning to write stronger headlines can open the door to significantly better marketing results. [su_pullquote align=”right”]Resources: Rethinking Referrals—Research-Based Approach to Attracting More Referrals Gaining an Advantage in a Changing Marketplace Implementing Your Marketing Strategy Developing a Marketing Plan…
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for the Modern New Business Rule A recent Fifth Circuit Court of Appeals decision has thrown additional light on the reasonable certainty standard used to assess lost profits for claims made by new or unestablished businesses. The decision helps put into perspective what information can and, more importantly, cannot be used to calculate lost profits for a new or unestablished business. While sometimes a daunting task, calculating lost profits for new or unestablished businesses should not be an impossible task. But for the protection of the expert and the product of his or her work, knowledge of what courts have…