• Practice Management - QuickRead Top Story

    Want a Better Practice?

    Perform a File Autopsy! We live and die in/by our engagements. Bet you never thought of it that way. But really, tell me life isn’t just peachy when you’re working on a fun/interesting/profitable case. And that life doesn’t just suck when you’re not. Wouldn’t it be nice to have more peaches? In this article, Rod Burkert shares his After Action Review process that enables practitioners to (re)focus on cases and clients that are interesting and engaging and discard those that are less “peachy”.

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    The Power of Saying No

    Saying yes is killing your productivity.  Chances are, you’ve agreed to take on a request from a colleague or client only to soon regret it because: you’re already on the edge in terms of capacity or stress; you have no time to recharge; it has a domino effect, making you late for remaining appointments and depleting your energy in the process.  Sound familiar?  If so, you need to say no more often. To read the full article in Financial Management, click: The Power of Saying No.

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    How to Compensate Partners to Keep Your Firm on Track

    If your firm is considering making any changes to your existing partner compensation plan, from a minor tweak to a major overhaul, there are some basic concepts that you should keep in mind. To read the full article in FinancialPlanning, click: How to Compensate Partners to Keep Your Firm on Track.

  • QuickRead Top Story - Valuation/Appraisal

    Chasing the Elusive Butterfly of Volatility

    Accepting and Rejecting Data from Public Company Data Valuation analysts who, for whatever reason, eschew the publicly traded guideline company method but who would like to use option models for various aspects of the valuation assignment, face a conundrum. All option models require, as an input, a volatility factor in percentage format. Since the only place to derive such a volatility factor (usually defined as the standard deviation of total returns) is from public company data, how do you reject public company data on the one hand over here but use it on the other hand over there? Using non-public…

  • QuickRead Top Story - Valuation/Appraisal

    The SWS Group, Inc., Chancery Court Appraisal Decision

    Fair Value Not Based on the Merger Price (Part II of II) This is the second of a two-part article (read part one here) that focuses on the SWS Group, Inc. case and the interplay between merger price and fair value. In earlier cases, the Delaware Court of Chancery rejected a merger price indication in favor of its own discounted cash flow analysis. Yet, in the SWS Group, Inc. appraisal decision, instead of a decision supporting a higher fair value, the court ultimately found that the merger price was too high. This ruling highlights the risk of an arbitrage appraisal…

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    Do You Know Where Your Client Data Is?

    No financial technology innovation has saved advisors more time than when custodians began transmitting data files to firms.  Prior to this change, client data was updated by taking statements and keying them into the portfolio accounting system.  At the end of each quarter, statements were stacked thick and the data entry sprint began so that client reporting and billing could be completed. To read the full article in FinancialPlanning, click: Do You Know Where Your Client Data Is?

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    Could this Simple Social Security Strategy Solve the Retirement Crisis?

    The key to implementing this suggested strategy is establishing auto-IRA plans to workers who lack a 401(k) option with a preset percentage of wages to be contributed to the plan.  This would create a retirement nest egg that would not be linked to any one employer, but rather would stay with the worker throughout a career. To read the full article in FinancialPlanning, click: Could this Simple Social Security Strategy Solve the Retirement Crisis?

  • QuickRead Top Story - Valuation/Appraisal

    The SWS Group, Inc., Chancery Court Appraisal Decision

    Fair Value Not Based on the Merger Price, Part I of II This is a two-part article that focuses on the SWS Group Inc. case and the interplay between merger price and fair value. In earlier cases the Delaware Court of Chancery rejected a merger price indication in favor of its own discounted cash flow analysis. Yet, in the SWS Group, Inc., appraisal decision, instead of a decision supporting a higher fair value, the court ultimately found that the merger price was too high. This ruling highlights the risk of an arbitrage appraisal strategy and may give dissenting shareholders something…

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    How to Give Constructive Criticism That Gets Results

    Offering constructive criticism is an essential part of being a manager.  Thoughtful feedback improves communication with staff members while encouraging them to grow.  Show how small changes can be part of the big picture. To read the full article in the Journal of Accountancy, click: How to Give Constructive Criticism That Gets Results.

  • Case Law - QuickRead Top Story

    Case Law Update

    Revenge Porn, Ugg, VirnetX, and Apple This case law highlights a number of patent, copyright, and business valuation cases litigated in the first quarter of 2018. The revenge porn case highlights a distressing but potential opportunity for litigation support professionals. The VirnetX v. Apple and Deckers Outdoor Corporation v. Romeo & Juliette, Inc. cases highlight the perils of patent litigation and fleeting value of patents.

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    Engagement Letter Stories—When They Hurt and When They Worked

    As a risk management professional at CNA, professional liability insurance carrier for nearly 25,000 CPA firms, I am often asked if engagement letters are worth all the effort.  The answer, based on my personal and CNA’s claim experience, is a resounding YES!  I’ve experienced firsthand the value these letters bring to the table. To read the full article in AICPA, click: Engagement Letter Stories—When They Hurt and When They Worked.

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    New Tax Law, More Business for Financial Advisors

    Soon after President Trump signed the bill, some wealthy clients who owned businesses needed to know if they could save on taxes by buying manufacturing equipment in 2017.  Others needed advice on whether to pay state income tax by Dec. 31 if they were not subject to the alternative minimum tax. To read the full article in FinancialPlanning, click: New Tax Law, More Business for Financial Advisors.

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    FASB Addresses Stranded Income Tax Effects of New Tax Law

    Under the new FASB rules, financial statement preparers are provided an option to reclassify stranded tax effects within accumulated other comprehensive income in each period in which the effect of the change in the U.S. federal corporate income tax rate in the Tax Cuts and Jobs Act (or portion thereof) is recorded. To read the full article in the Journal of Accountancy, click: FASB Addresses Stranded Income Tax Effects of New Tax Law.

  • Case Law - Litigation Consulting - QuickRead Top Story

    Federal Circuit Provides Guidance

    On Patent Damages and Apportionment In two recent cases, the U.S. Court of Appeals for the Federal Circuit provided important guidance when applying apportionment principles to calculate reasonable royalty damages.  See Finjan, Inc. v. Blue Coat Systems, Inc., 879 F.3d 1299 (Fed. Cir. 2018); Exmark Mfg. Co. v. Briggs & Stratton Power Products Group, LLC, 879 F.3d 1332 (Fed. Cir. 2018).  The Federal Circuit signaled greater flexibility when apportioning damages, which may permit using the royalty rate and not just the royalty base, to value a patented invention’s contribution to a larger, multicomponent product.  The Circuit also reaffirmed, however, that…