The Role of the Expert in 21st Century Dispute Resolution Almost five years ago, the author penned an article published in NACVA’s QuickRead April 14, 2022. In that article, he described what was his perspective as a “recovering judge” of the role of the “expert” in the 21st century profession of dispute resolution. In this article, the author revisits, and in some cases revises, the observations and predic ...

The Role of Life Insurance in Estate Taxes The recent U.S. Supreme Court case, United States v. Connelly, provides business valuation practitioners opportunities to a cautionary tale and also an opportunity to assist business owners structure or restructure their buy-sell agreements. The authors summarize the case and offer tips to assist business owners transition a business using life insurance. Introduct ...

Look at the Numbers and Exercise Skepticism Often, business owners will inadvertently present a biased account of their company’s success. Is there a similarity between the bias of business owner’s and crime scene victims? In this article, the author answers this question. Imagine this: you are at the scene of a crime. Witnesses are canvassed, each with their own version of events. One witness is adamant th ...

You Need Better Clients A frequent question that newly minted and experienced valuation practitioners raise, is how one gets more clients. The question that should be asked is how one gets better clients. The author shares his thoughts on why the latter is the better question and source of focus. Surprise, the most frequent practice development questions I get primarily have this theme: How do I get more cl ...

Book Review This fall, the American Bar Association released Shannon Pratt’s The Lawyer’s Business Valuation Handbook 3rd Edition. This publication has been edited by Roger J. Grabowski, FASA and Alina Niculita, ASA, ARM-BV, CFA, MBA. It is a comprehensive guide for attorneys (and judges) to enable them to better understand the substance and basis of the valuation expert’s work. In this article, Michael G. ...

Marketing Tips for Professional Service Professionals Marc Kohler, an estate planning expert, may offer other professional services professionals a template to follow to secure additional engagement. The article describes how Marc Kohler has marketed his services. In the field of tax law and estate planning (where online engagement can be difficult, if not impossible to obtain), Mark J. Kohler (”Kohler”) ha ...

Valuation Discounts Considered in Gift and Estate Planning With a look forward to December 31, 2025, when the current lifetime exclusion levels for estate taxes are slated to sunset, wealth planners and their clients have much to discuss. Valuation and estate planning professionals have a key opportunity to strategize and develop the best plans for family businesses and high-net-worth individuals. With a lo ...

Freedman Normand Friedland LLP v. Cyrulnik—On the Valuation of Contingency Fee Cases and Qualifying as a Fee Expert When there is a consistent and predictable stream of cash flows or a history of royalties for licensed intellectual property, the valuation professional is most comfortable. In the following case, the court addressed admissibility of a valuation expert who was attempting to value an alleged in ...

Under Complex Considerations In Part I of this series, the article presented the fundamental standards used to gain a basis of understanding renewables and valuation drivers. These were presented in the context of an appraisal of wind rights and what would be included, as an example, in a valuation engagement. This second article focuses on the diminution of land values resulting from collateral damage from ...

Beyond Just Updating on the Progress of the Project An informed client is usually a better client. In this article, Rod Burkert shares five reasons calling a client on a Friday is a worthy practice. The phone rings. You recognize the number on caller ID. It’s. THAT. Client. The one you took a retainer from a few weeks ago and who hasn’t heard from you in a while. You know the conversation is going to be awk ...