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Understanding the Delta

When 409A Valuations Differ from Funding Rounds In early‑stage and growth‑stage companies, it is common, and often surprising to founders, when the per‑share price established in an IRC §409A valuation does not match the price investors paid in a recent financing round. This difference can feel counterintuitive, especially when the company has just completed a successful raise and the preferred share price ...

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A Guide to Discovery Rules

Federal and State-by-State Guidelines that Expert Witnesses Should Know (Part I of II) Navigating the maze of discovery rules in economic damage cases can be daunting. Professionals often face a patchwork of regulations across jurisdictions. This two-part article provides an overview of key discovery rules applicable in federal courts and each of the 50 U.S. states. Navigating the maze of discovery rules in ...

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Applying the Modern New Business Rule in Real Life

Overview of an Expert’s Testimony in a Precedent Setting Texas Court Case The author had the opportunity of being the economic expert for the plaintiff in the initial case in the Business Court of Texas Eighth Division. This assignment provided the author with an opportunity to argue the modern new business rule as the basis for the lost profits calculations prepared in connection with the case. It provided ...

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Vetting a Client’s Projection

A Process As valuation professionals, we sometimes serve dual roles. In this article, the author shares a step-by-step listing of his vetting process. This checklist is meant as his guide but is also used to help clients start the projection process. The guide is for anyone using a projection as a guide to a valuation analysis. Business valuators are typically provided with a client’s budget or financial pr ...

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Build Smarter Dashboards

Turning Raw Data into Real-Time Insights with ChatGPT This article explains how professionals can use ChatGPT to create custom dashboards from virtually any dataset—without needing advanced programming skills. It walks through how AI can assist with structuring raw data, identifying key performance indicators, generating visualizations, and even producing dashboard-ready code that you can view immediately. ...

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Is the Risk-Free Rate Really Risk Free?

Deconstructing the Idea of the Risk-Free Rate To evaluate future risk factors, analysts should understand the composition of the risk-free rate and consider the data influencing U.S. Treasury Bond yields. This article analyzes the criteria for evaluating the risk-free rate for use in engagements involving business valuations and economic damages. The general notion of a “risk-free rate” is the return availa ...

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The Era of “Illiquid for Longer” in Private Equity

Navigating Liquidity, Valuation, and Risk When exits slow down, everything else starts to feel tighter. That is where many sponsors are today. In this article, the authors discuss the reasons for the longer exits and ramifications. Private equity runs on exits. When exits slow down, everything else starts to feel tighter: fund timelines, liquidity planning, and even conversations with investors. That is whe ...

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A Collision Course in Evidentiary Standards for AI-Assisted Financial Forensics

How a New Proposed Rule of Evidence Seeks to Admit AI Analysis and Supplant Experts On January 30, 2026, Anthropic released legal plugins for its Claude AI that automate contract review, compliance tracking, and legal analysis. Within three days, $285 billion in market value evaporated from legal software and publishing companies. This was not a correction. It was a signal. The AI companies are no longer co ...

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Unimpeachable Methodological Consistency

The Foundation of Unassailable Authority When you sit in deposition or at trial, you can speak with absolute confidence about your methodology because it is not something you invented for this case. It is something you have applied in hundreds or thousands of cases. The best defense against aggressive cross-examination is not clever language or diplomatic positioning. It is methodological consistency applie ...

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Demystifying AI

A Beginner’s Roadmap to the Technology Behind ChatGPT I also get asked about the technology behind AI and have wanted to create an easy-to-read guide on the topic. So, here it is! This guide serves as a foundational primer on modern AI, written for readers who want to understand the technology without needing a technical background. It walks through the major building blocks of today’s AI ecosystem, includi ...

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