The Question of Admissibility (Part III of VII) Are you ready to serve as an expert witness? Your training and experience are critical factors establishing your qualifications, but not a license to testify on matters beyond your scope of expertise. In this article, the author shares her experience evaluating your admissibility as an expert.
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The Present Value of Future Lost Profits, and the Time Value of Money Experts estimating the present value of a business’ future lost profits have much less direction from the courts than their counterparts estimating the present value of a person’s lost earning capacity. Professional literature has attempted to fill this gap providing many articles discussing the differing methods for analyzing lost profits (e.g., yardstick, before-and-after, but for) or how to determine the discount rate by applying a weighted cost of average capital, equity rates of return, or some form of risk premium build-up. This article moves away from these…
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Similarities and Differences in Securities Valuation Over the past three decades, the number of both dissenting shareholder appraisal rights claims and shareholder oppression claims have increased significantly. This increase has created a demand for forensic-related business and security valuation services. Valuation analysts are not legal counsel, of course. However, valuation analysts who practice in this area should be generally familiar with both the economic and the legal differences between dissenting shareholder appraisal rights issues and shareholder oppression issues. While taking specific legal instruction from legal counsel, valuation analysts should have a general familiarity with the professional guidance provided by the…
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Cram Down Interest Rates (Part I of II) In this two-part series the author provides an overview of the issues confronted by courts and financial experts involved in a commercial real estate (CRE) bankruptcy. In this first part, the author discusses how a financial expert may go about to determine the appropriate interest rate for the underlying claims and analyze the CRE market. In the second part of this series, the author continues this discussion and provides examples that illustrate the approaches discussed in this two-part series.
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Four things valuators should know about medical claims and coding In this second installment of his review of medical claims coding, Mr. Moffatt sets forth his final two examples that explain the unique circumstances of the medical practice revenue cycle that affect cash flow and how they relate to the valuation of a medical practice. Part 1 of this article was published on March 4, 2014.
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Fractional interest discounts allowed In Estate of Elkins v. Commissioner, the U.S. Tax Court sides with petitioners holding they were entitled to a ten percent discount from pro rata fair market value with respect to a decedent’s interest in various works of art. In Fancher v. Prudhome, the Louisiana Court of Appeals upholds a trial court’s determination that using the Income Approach to value a withdrawing member’s share in an LLC was not applicable since future cash flow could not be assumed and the withdrawing member provided the majority of the company’s business.
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“It’s a Huge Case for the Patent-Law Community.” On One Side: Google, Facebook, Intuit. On the Other? IBM. “Because the patents are often unclear, there’s no way to know whether an infringement claim by a competitor or a troll is legitimate until you’ve spent $8 million in litigation fees,” said Mr. Schruers Ashby Jones in the Wall Street Journal reports this morning that a federal appeals court in Washington, D.C., will hear arguments Friday over a fundamental question that has vexed the technology industry for nearly two decades: When is a piece of software patentable?
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Royalty Rates in the Life Sciences are Under Increased Scrutiny. But Has That Caused Rates to Decline? Several medical manufacturers were accused of violating federal kickback statutes. Federal enforcement prompted many companies in the industry to review and revise the terms under which they collaborate with and pay healthcare professionals for contributions of time, know-how, and intellectual property. Ed Gold and the Invotex team examine how this has affected royalty rates.
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Cash Flow is the Most Important Financial Item for a Small Business Owners to Pay Attention To. Here’s How to Speed it Up. Cash flow–how cash flows through your organization from sale to invoice to receipt–is the lifeblood of a small company, writes Eric V. Holtzclaw at Inc.com. And speeding up your cash flow allows you to do more and gives your company more stability. Here are seven tips:
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Accounting Isn’t Just a Necessary Evil; Sometimes the Methods Can be Used as a Key Part of Your Business Strategy Jeff Haden at Inc. answers a question from a reader who wonders if it matters what inventory accounting method she uses. It does! Here’s some explanation, and specific advice:
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Many Business Buyers Probably Have Some Boilerplate Questions Ready to Ask Business Sellers — But May be Missing the Most Important Ones. Mike Handelsman, group general manager for BizBuySell.com and BizQuest.com, the Internet’s largest and most heavily trafficked business-for-sale marketplaces, recently advised readers at Inc.com that if they’re thinking about buying a business, they should put extra effort into preparation. More:
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On Marketing Mistakes Generally, Bad Marketing Messages in Particular, Social Networking, and More Geoffrey James at Inc.com writes: “A few months ago, I traded emails with best-selling author Seth Godin on the subject of marketing inside small businesses. The more I read over the interview, the more I realize that his advice is priceless.” Here’s an excerpt of the interview. Read the whole piece for the rest of Seth Godin’s answers to Geoffrey.
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Jewels from Seth Godin, Harvey Mackay, Tony Robbins, Dale Carnegie, Napoleon Hill, and Others on Success, Vision, Health, and More This set of inspirational thoughts for the new year will galvanize you into action. “At the start of every year,” writes Geoffrey James, Sales Source columnist at Inc.com, “I create a list of quotes to guide and inspire me for the next 12 months. Here are the quotes I’ve selected for 2013.” Here are his first six. Read the full piece to find the others and see other Geoffrey James’ columns.
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Considering Technology, Integration, and the Future Clint Boulton at the WSJ CIO Journal reports: Research in Motion Ltd. Wednesday [tomorrow] is introducing two smartphones based on its new BlackBerry 10 operating system software, giving CIOs yet another platform to consider supporting at a time when consumers are bringing in their own smartphones to use at work. CIOs are skeptical about the uncertainty surrounding RIM’s ability to continue to compete against Apple Inc. and Samsung Electronics Co. Ltd., which, thanks in large part to the BYOD phenomenon, have eroded the Waterloo, Ontario-based smartphone maker’s share of the corporate market for mobile…
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Here are four surprising ways to protect yourself in a law suit and keep legal fees to a minimum. Kevin Daum at Inc. advises: “Shakespeare said, “First kill all the lawyers.” Maybe this seems a tad aggressive, but then again, for most people the last thing you look forward to is someone showing up at your door with a subpoena. Whether a lawsuit is business related or personal, the thought of engaging an attorney for protracted litigation can strike fear into a person’s heart.” Not only is there emotion and argument to contend with, but the sheer agony of…
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There’s good news and bad news. Here’s the low-down. Dean Zerbe offers his take at Forbes on how the current deal will affect small-business owners:
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New Rule Intended to Help Inform Mortgage Applicants of How Value Is Determined The Consumer Financial Protection Bureau (CFPB) released Wednesday a new proposed rule that would require mortgage lenders to provide home loan applicants with appraisal reports to determine how the value of a property was determined, reports Tory Barringer at DS News, an outlet that focuses on the mortgage default servicing industry. CFPB proposed the rule in response to a provision of the Dodd-Frank Act that requires creditors to provide mortgage applicants with a copy of written appraisals and home value estimates. The newly-proposed rule would require that…
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Lessons from a Dying Business Redbox has built a successful DVD kiosk business, but its days are numbered. Here’s why that’s not such a bad thing, report Karl Stark and Bill Stewart at Inc.com. You’re probably familiar with Redbox, owner of those DVD-rental kiosks that you see parked outside of just about every neighborhood grocery store or pharmacy. Redbox is an excellent example of how to create growth from a business that will ultimately die. All growing companies can benefit from thinking more like Redbox. Redbox has grown over the past decade by offering the convenience of DVD rentals…
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The 7 Biggest Financial Mistakes Businesses Make Running a business should earn you an honorary degree given all you will learn, writes Brian Hamilton, co-founder and CEO of Sageworks, over at Inc. We live and we learn. In the time it’s taken me to build two companies, I have learned and more importantly, lived, these mistakes. I hope these pieces of advice can help both aspiring and existing entrepreneurs succeed in starting and running their own businesses. Here are the CliffNotes, the mistakes you should hear now and avoid. 1. Hiring in advance of revenue. There is a common expression: “Don’t…