• Financial Forensics - QuickRead Top Story

    “Left of Bang”

    Behavior Detection in Forensics The United States Marine Corps (USMC) has deployed behavior detection techniques for years, most recently in counterterrorism actions. Marines are taught the techniques during their Combat Hunter Course so that bad guys can be detected before they can do bad things. “Left of bang” means before the bad things happen; “right of bang” means that bad things have already happened, e.g., ambush, improvised explosive device (IED), etc. Therefore, managing to stay “left of bang” means staying alive for the Marines. Likewise, “left of bang” applies to forensic operators; avoiding bad things such as missing fraudulent activities,…

  • QuickRead Top Story - Tax

    The New Tax Bill

    A Run-Down on What is Changing President Donald Trump signed the Tax Cuts and Jobs Act (TCJA) presented to him by Congress on December 22, 2017. Debate on the provisions of the bill dominated the last quarter of 2017. It was first presented on November 2, 2017 by Texas Congressman Kevin Brady, chair of The House Ways and Means Committee. Two weeks later, November 16, the House passed the Bill and forwarded it on to the Senate. The Senate Finance Committee passed its own version of a tax reform Bill and the full Senate voted 51 to 49 to pass…

  • Litigation Consulting - QuickRead Top Story

    Commercial Damages and Lost Profits

    Case Study of a Real Estate Developer For most lost profits cases, the losses begin at the date of the harmful act and end when the injured party is returned to the position it would have had “but for” the alleged damaging act of the defendant. However, not every lost profit matter is a breach of contract where beginning and ending dates can be easily defined. Sometimes losses may not occur until a period in the future. This situation requires the expert to assess the facts of the case and anticipate the market and economic environment when calculating these future…

  • Healthcare - QuickRead Top Story

    The Due Diligence Imperative

    Healthcare Reimbursement Environment, Part II of VI In the January/February 2018 issue of The Value Examiner, the author provides readers with an overview of the U.S. healthcare reimbursement system and details the due diligence process as it relates to reimbursement. This brief article is an excerpt, which is part of the series on healthcare reimbursement, where the author provides more in-depth explanation of the due diligence process.

  • QuickRead Top Story - Valuation/Appraisal

    Transferring Closely Held Company Equity

    To a Key Employee—Part I of II The author encourages, as a starting point, owners of a closely held company to consider numerous issues with regard to the compensation of key employees. If the closely held company operations are successful, valuable and long-term employees sometimes seek to be compensated through an equity ownership in the company. This key employee desire for equity ownership has practical implications as well as taxation implications. From the practical perspective, the founding owners assumed the business risks and financial risks of starting the closely held company. Accordingly, the founding owners understandably feel that they are…

  • QuickRead Top Story - Valuation/Appraisal

    Practical Advice on Rebutting and/or Defending a Valuation Report

    While valuation may generally be part art and part science, rebutting and/or defending a valuation introduces additional types of art and science. The stakes are often higher because interested parties are affected by the contested valuation’s outcome, and the narrative can become more nuanced due to conflicting views on a variety of issues. This article endeavors to cut through the clutter and provide practical tips to address some common themes that arise in rebutting and/or defending a valuation report in a contested situation.

  • Expert Witness - QuickRead Top Story

    Impeaching the Unimpeachable

    My Testimonial Experience Prior to Taking the Witness Stand One unintended consequence of writing unimpeachably neutral expert reports is that often nobody wants to hear what you have left to say. After having spent nearly two years working as an expert witness, authoring an uncounted number of expert reports, subpoenas, discovery requests, deposition questions, and cross-examination questions, I had yet to testify in a single trial or deposition. Getting a chance to testify had become my Red Ryder, carbine action two-hundred shot range model air rifle. With each case that settled, I couldn’t help but to feel like the forensic…

  • Case Law - QuickRead Top Story

    Tax Court and Leading New York and Delaware Cases

    Case Law Update February 2018 In this case law update, we review one U.S. Tax Court case that provides guidance regarding when is a bad debt business loss deductible and whether contributions of money to a business is equity or debt. In addition, we present several Delaware Court cases; one of them, a post-dissolution case where one NACVA member (and another inactive member) testified and the court addressed the S corporation tax affecting and availability of discounts for lack of marketability. The issues raised there are frequently raised in other dissolution actions and the reasoning provided by the court regarding…

  • Litigation Consulting - QuickRead Top Story

    How to Select a Case Appropriate Mediator

    Factors to Consider Finding the Right Mediator Mediation is a dispute resolution process that is now more popular than arbitration. Many contracts require parties use mediation, if a dispute arises; and courts have adopted the use of mediation to help reduce the number of cases headed to trial. Yet with all this popularity, there remains a significant problem with using mediation: getting the “wrong” mediator. Selecting the “case appropriate mediator” saves resources and increases the probability of settlement. This article’s focus is on what to consider when selecting an appropriate mediator.

  • QuickRead Top Story - Valuation/Appraisal

    Why All Values Are Not Created Equal

    Understanding Terms and Bridging a Potential Valuation Gap It is not uncommon for litigation to stem from disagreements over the value of privately held companies and ownership interests in those entities. In those situations, many different values are often discussed as the parties attempt to reach a resolution. It is important to make sure that the parties are speaking the same language as far as the type of value being considered—equity value, enterprise value or invested capital value. While these three types of value are related, there are significant differences between them and understanding those differences is important in reaching…