Part III of III This is Part III of a three-part series discussing the basic components of a professional liability lawsuit brought against an accounting firm and its partners, and factors a firm’s managing partner should consider before and during this type of litigation for utilizing applicable insurance coverage, maximizing effectiveness of defense, and, where possible, bringing the controversy to conclusion by settlement. Part I covered the current litigation environment for accounting firms, relevant provisions in engagement letters, responding to subpoenas, professional liability insurance, and the risk of instigating a professional liability counterclaim in a fee collection action. Part II…
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Copyright Protection and the “First-Sale” Exception In 1997 Supap Kirtsaeng, a citizen of Thailand, moved to the United States to study mathematics at Cornell University. He paid for his education with the help of a Thai Government scholarship which required him to teach in Thailand for ten years on his return. Kirtsaeng successfully completed his undergraduate courses at Cornell, successfully completed a PhD program in mathematics at the University of Southern California, and then, as promised, returned to Thailand to teach. While he was studying at Cornell, Kirtsaeng asked his friends and family in Thailand to buy copies of foreign…
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The Psychological Reasons Why People Fail to Save “Present bias”—the concept that people would rather have a smaller sum of money now than a larger sum of money in the future—is one cognitive bias that keeps people from saving, according to a new paper. Another problem is “exponential-growth bias,” which refers to a failure to understand compound interest. Derek Thompson, senior editor at The Atlantic, explains. To read the full article in the The Atlantic, click: The Two Biases that Keep People from Saving Money.
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“Most important, pensions should be required to uphold their original intent: to keep retirees who can no longer support themselves out of poverty.” Industry leaders weigh in on retirement news your clients may be thinking about. To read the full article in FinancialPlanning, click: How to Save Public Pensions, no Federal Bailout Needed: Retirement Scan.
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In August 2016, Pfizer announced it would acquire Medivation for $14 billion. The transaction made headlines for how the size of the deal escalated over a period of approximately six months prior to the announcement. Sujan Rajbhandary, senior member of Mercer Capital’s Financial Reporting Valuation Group, presents in this blog post (and Part II) a broad outline of the transaction and explore what a potential purchase price allocation would look like. To read the full article in Mercer Capital’s Financial Reporting Blog, click: Allocating Purchase Price for a Pharma Transaction—Pfizer Acquires Medivation (Part I). This article is republished from Mercer…
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in a Divorce Proceeding Not all is fair in love and war when it comes to the fight for business records within a matrimonial action. When one spouse is denied adequate discovery, his or her case can quickly begin to unravel. Usually, some records are available either because the spouse had some previous access or there was a partial document production. Business appraisers should consider all appropriate means to obtain needed discovery. Failing to obtain sufficient, reliable discovery can ultimately result in the production of a report that is incorrect and/or rejected by the courts.
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Part II of III This is Part II of a three-part series discussing the basic components of a professional liability lawsuit brought against an accounting firm and its partners and the factors a firm’s managing partner should take into consideration before and during this type of litigation for utilizing applicable insurance coverage, maximizing effectiveness of defense and, where possible, bringing the controversy to conclusion by settlement. Part I covered the current litigation environment for accounting firms, relevant provisions in engagement letters, responding to subpoenas, professional liability insurance, and the risk of instigating a professional liability counterclaim in a fee-collection action.…
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Looking Beyond the 401(k) to Save for Retirement If proposals to curb the size of individual retirement accounts and 401(k)s take effect, clients with large IRAs and 401(k)s will need to consider alternate methods of saving for retirement. Darla Mercado, Personal Finance Writer, discusses a few options including, deferred compensation plans, health savings accounts, and after-tax contributions to 401(k)s. To read the full article in the CNBC click: Big IRAs and 401(k)s are at Risk: Where Else to Save?
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Startup Ecosystems Allow Entrepreneurs to Help One Another Almost all of the more than 360 major metropolitan areas in the U.S. have an ecosystem in which startups support one another through funding and other types of assistance, according to the Kauffman Foundation. These networks may help entrepreneurs receive psychological and social support as well as monetary backing. John F. Wasik of The New York Times, explains. To read the full article in The New York Times, click: An Ecosystem Where Start-Ups Help Other Start-Ups
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It is clear that the DOT/IRS are attempting, through Proposed Changes to Section 2704 of the Internal Revenue Code, to eliminate minority interest discounts and marketability discounts (DLOMs), even though those terms are not mentioned at all. To address the valuation side of things, Chris Mercer, founder and CEO of Mercer Capital, wrote a whitepaper outlining his thinking on valuation implications in some detail. To read the full article and download the whitepaper on Chris Mercer’s blogsite, click: Valuation Implications of the Proposed Changes to Section 2704: Good News or Bad News? Maybe Not so Bad. This article is republished…
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Part I of III This is Part I of a three-part series discussing the basic components of a professional liability lawsuit brought against an accounting firm and its partners; and the factors a firm’s managing partner should consider before and during this type of litigation for utilizing applicable insurance coverage, maximizing effectiveness of defense and, where possible, bringing the controversy to conclusion by settlement. Part I focuses on the current litigation environment for accounting firms, relevant provisions in engagement letters, responding to subpoenas, professional liability insurance, and the risk of instigating a professional liability counterclaim in a fee-collection action. Part…
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What to Ask and Look for When You Need a Forensic Expert In today’s legal environment, it is not sufficient to present unsubstantiated evidence. Many subject matter experts do not properly substantiate their findings. When hiring a subject matter expert, careful screening is crucial to choose an expert with superior skills and credibility. This article presents methodologies by which you can perform proper due diligence on your prospective subject matter expert.
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When Employees Ask for Promotions Before They’re Ready Eager, ambitious employees sometimes ask for promotions or raises before they are ready. Rebecca Knight discuses that managers should handle these requests with transparency and should coach their employees to help them reach the next level. To read the full article in the Harvard Business Review, click: What to Do When Your Employee Asks for a Raise Too Soon.
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Life Insurance Loan Can Have Tax Consequences When life insurance is surrendered or lapses, its remaining value is used to repay any loans that have been taken out on the policy—a situation that can create unexpectedly large tax bills, as the taxable gain on the policy is calculated without considering the presence of the loan. Michael Kitces explains that clients can avoid this “tax bomb” by holding on to a policy until death. To read the full article in Nerd’s Eye View, click: How Lapsing a Life Insurance Policy With a Loan Can Cause a Tax Bomb.
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Corporate finance does not need to be a mystery, states Travis Harms, Mercer Capital’s Financial Reporting Valuation Group lead. The goal of this whitepaper is to give directors and shareholders a vocabulary and conceptual framework for thinking about strategic corporate finance decisions, allowing them to bring their perspectives and expertise to the discussion. To read the full article in Mercer Capital’s Financial Reporting Blog, click: Corporate Finance in 30 Minutes. This article is republished from Mercer Capital’s Financial Reporting Blog. It is reprinted with permission. To subscribe to the blog, visit: http://mercercapital.com/category/financialreportingblog/.
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Recognize and Gain the Competitive Advantage Firms in the accounting and financial consulting arena tend to have more commonalities with each other than differences. In many cases, their services, processes, and even benefits are essentially the same. Fortunately, there is a proven way for your firm to develop a strong differentiation strategy—and it is based on the expertise your people already have. In this article, Dr. Frederiksen discusses how expertise can be used to develop and maintain a competitive advantage.
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“I Should Have Known!” When you hear the news that someone was just arrested for committing fraud at their work, it is usually accompanied by fellow employees or managers saying one of two things. Either, “I never thought they were capable of stealing” or “I should have seen it coming.” Why do employers say that they “should have known” and how exactly is it that they should have known? In my experience, there are some common characteristics of people who perpetrate a fraud. And if business owners are aware and vigilant about their business, they might never have to say,…
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No matter what your fees are, there’s always the worry that you’re either too expensive and giving up work, or too cheap and leaving money on the table. Ingrid Case explains how these four questions can help you determine whether to give yourself a cut—or a raise. To read the full article in FinancialPlanning, click: Should I…Raise my Fees?
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Federal Agencies Plan Amendments to Form 5500 Employee benefit plans would face new reporting requirements under extensive changes to Form 5500, Annual Return/Report of Employee Benefit Plan, proposed by the federal government last month. The federal agencies are also proposing to require all group health plans to file Form 5500 along with a new Schedule J. Sally P. Schreiber, Tax Adviser senior editor, explains. To read the full article in The Tax Adviser, click: Agencies Propose Amendments to Employee Benefit Plan Reporting.
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Wall Street generally does not like MOEs unless the benefits are utterly obvious and/or one or both parties had no other path to create shareholder value. In some instances, MOEs may be an intermediate step to a larger transaction that unlocks value. Jeff Davis, managing director of Mercer Capital’s Financial Institutions Group, explains. To read the full article in Mercer Capital’s Financial Reporting Blog, click: Fairness Considerations for Mergers of Equals. This article is republished from Mercer Capital’s Financial Reporting Blog. It is reprinted with permission. To subscribe to the blog, visit: http://mercercapital.com/category/financialreportingblog/.