When Values Collide—Redux Valuing a business that owns real estate presents the business appraiser with a number of conundrums. In this article, the author discusses the concept of a fair investment return and how that may impact the value of the business being sold with the real estate.
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Highlighting Recent Delaware Court Cases In this Case Law Update, three recent Delaware Court cases are reviewed. Two cases focus on whether the deal value is fair value and the third focuses on matters discovered following approval of a merger and who has standing to sue and what remedy, if any, is available to the disgruntled plaintiffs. The first two cases also delve into the role of experts, inputs that are used in the DCF (and usually contested), and the role of board members overseeing the process, as well as the value of process itself discovering price. The third case…
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Now How Do I Obtain Work? Earning a professional accreditation, such as the CVA is an accomplishment. Getting engagements thereafter is another matter. In this article, the author shares what he thinks newly minted CVAs may want to consider to develop their practice niche and brand.
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Grow Your Practice and Presence So You Are Noticed If you want to grow your network of leads, prospects, clients, and referral sources, then LinkedIn is probably the best social media platform to jump into. Most of you are already playing in that sandbox anyway, and with a few tweaks, you can do better. Much better.
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This is the final installment of the four-part series highlighting some of the key investigation issues and findings of the Examiner’s report. In this article, the author explores the claim that CEC inappropriately elected to close the Showboat Atlantic City casino and diverted its customers to Harrah’s Atlantic City casino.
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Impact on Expert Witness Testimony Expert witness testimony has played a vital role in both criminal and civil trials in the United States. Testimony from expert witnesses constantly helps judges and jurors reach conclusions in controversial and complex cases. Therefore, the Daubert Standard is important to know and understand in general, and especially as an expert witness. The Daubert Standard helps courts determine whether an expert witness’ testimony during trial should be admitted into evidence.
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Business Valuation Comparison Charts A quartet of present and former Standards Board chairs for the National Association of Certified Valuators and Analysts (NACVA) were on hand to harmonize about valuation standards during the 2018 NACVA and the CTI’s Annual Consultants’ Conference at Caesars Palace in Las Vegas, Nevada. During NACVA’s Industry Standards and Ethics Update, and the Around the Valuation World, they discussed the results the NACVA Standards Board’s multi-year study comparing valuation standards promulgated by NACVA, IBA, AICPA, ASA, USPAP, IVSC, RICS, and CICBV. The results of this groundbreaking study were summarized into two comprehensive charts comparing the NACVA…
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Competition (Part Four of a Six-Part Series) The first part of this six-part series provided an overview of the due diligence imperative for valuation professionals, in the context of the Four Pillars of Healthcare Value, i.e., Reimbursement, Regulatory, Technological, and Competitive environments. The second and third installments reviewed the due diligence process related to the reimbursement and regulatory environments, respectively. This fourth installment will review the due diligence process as it relates to competition in the healthcare industry.
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Our Top Seven Ideas for Accounting and Financial Services The author discusses findings from a Hinge Research Institute (HRI) conducted with 523 professional services firms regarding why firms do not get more referrals. One interesting finding was why firms do not get more referrals. HRI found that in 72% of cases, the answer is simple: no one asked them. HRI also learned that 81.5% of service providers have received referrals from individuals and companies who they have never worked with. Below, the author explains the top seven referral marketing approaches HRI learned about. But first, the author takes a minute…
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Knowing the Business is Critical to Effective Risk Oversight In this article, the author shares excerpts of a speech he presented to board members regarding the importance of managing risk and sources of risk.
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Odds as a Financial Ratio in Business Valuation Theory Every business transaction involves a bet of sort. This is also evidenced in the price of put and call options. Can we draw some insight from sports betting to help us calculate the value of a business? Perhaps. Odds in sports betting is a common expression communicating the change and return of winning a bet. Odds as a ratio in business valuation theory is presented in this article. Using odds as a ratio in business valuation helps expressing the probability of a forecasted free cash flow. This might start further discussions…
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Is Not Debatable This article explains why the undiscounted terminal value as of a future date must be discounted back by (a) N – 0.5 years when the traditional perpetuity method with a mid-period convention is used, (b) N years when the traditional perpetuity method with an end-of-period convention is used, or (c) N years when an exit multiple is used.
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Are You Properly Insured? Expert witnesses face many of the same risks other businesses face; from first-party losses such as damage to property, to third-party losses from legal liability. While the nature of a business dictates specific insurance needs, most businesses carry a portfolio of insurance that includes property and business interruption, commercial general liability and excess liability, automobile liability and physical damage, and workers compensation insurance. Professionals such as doctors, lawyers, accountants, and yes, expert witnesses, face special risks from their performance of “professional services” for third parties, and thus have the need for professional liability insurance which is…
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Mike Gregory Discusses the Newly Released Five in One Book on Business Valuations and the IRS In this article, Michael Gregory provides some thoughts of how the official IRS rules of engagement are different from the unofficial rules of engagement and introduces how to work with the IRS. The 38 examples in the book provides additional insight. Mike Gregory recommends the book to all business valuation firms that have a library and those that prepare reports for federal tax purposes. Parts One and Two of the book discuss the IRS structure, process, and how to resolve conflicts with the IRS;…
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On Business Valuations The Tax Cuts and Jobs Act (TCJA) changes many aspects of how business analysts perform valuations. Upon passing of the TCJA, Jim Hitchner moved quickly to gather and disseminate information about the TCJA and its effect on business valuation. He has written two comprehensive articles in Issues 72 and 73 of Financial Valuation and Litigation Expert. The information in this article summarizes some of the main points expressed in those publications.
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and Why It Matters! Referral marketing has dramatically evolved over recent years and, if your firm has not adopted new tactics and strategies, you may be leaving significant business on the table. In this post, Dr. Frederiksen shares some of Hinge Marketing’s thinking about how referral marketing has changed. In the coming months, Dr. Frederiksen will continue exploring this topic, looking first at the process of developing a referral marketing strategy, and then discuss some of the most effective tactics his firm has seen.
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Choices that Range from Arithmetic Mean to Linear Regression How should valuation analysts go about selecting a transactional multiple? There are a host of multiples and options for deriving these. In this article, the author shares his thoughts on what to consider when selecting a multiple.
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This article briefly discusses the current trends in the practice management industry, as these trends may directly and indirectly affect both the management company and the healthcare entity. This overview of the services provided by practice management groups, is followed by a discussion of the competitive, reimbursement, regulatory, and technological environments in which practice management groups operate.
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A Study of the Experts’ Inputs and Court Opinion How does a court go about deciding a valuation case when two experts oppose each other? The author examines the DFC Global Corporation decision to see what that reveals and how that may impact an expert’s future engagement. The author finds three takeaways for readers.
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Marketplace Platform for Aspiring and Experienced Litigation Support Professionals Until now, a lawyer could not put out a call for help with a single case description and submit that to one, a dozen, or an entire community of relevant subject matter experts simultaneously with the single push of a button. Until now, an expert might have to choose between paying for advertising to be listed in a directory and/or set up their own website in the hope that additional expert witness consulting work would flow to them. The Exchange’s marketplace offers a different paradigm and value proposition. This has been…