Are You Properly Insured? Expert witnesses face many of the same risks other businesses face; from first-party losses such as damage to property, to third-party losses from legal liability. While the nature of a business dictates specific insurance needs, most businesses carry a portfolio of insurance that includes property and business interruption, commercial general liability and excess liability, automobile liability and physical damage, and workers compensation insurance. Professionals such as doctors, lawyers, accountants, and yes, expert witnesses, face special risks from their performance of “professional services” for third parties, and thus have the need for professional liability insurance which is…
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Sexual harassment is not primarily about attraction—it is about power. Give more power to women, the reasoning goes, and sexual harassment gradually dies out. Unfortunately, this logic is not borne out in the real world. Just look at Fidelity. To read the full article in FinancialPlanning, click: Four Ways to Help Rid Wealth Management of Sexual Harassment.
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Federal Class-Action Litigation in Securities Disputes Rises Class-action securities lawsuits filed in federal court last year numbered 270, the most in 20 years, according to a report from the Stanford Law School Securities Class Action Clearinghouse and Cornerstone Research. The 80 filings related to mergers and acquisitions were the biggest factor in the increase. Meaghan Kilroy explains. To read the full article in Pensions&Investments, click: Federal Securities Class-Action Suits Jump to 20-Year High in 2016.
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Why the Change from “Fraudulent Transfer” to “Voidable Transaction” May be a Big Deal The Uniform Fraudulent Transfer Act (UFTA) was recently amended and renamed; it is now called the Uniform Voidable Transactions Act (UVTA). “The renaming has no substantive effect whatever. Yet, it reflects an important truth about the act that merits discussion.” This article shows how changes in semantics can potentially lead to changes in how so-called fraudulent transfer lawsuits are addressed by practitioners and the courts.
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Business valuation (BV) liability claims are not as frequent compared to other litigation risks faced by practitioners. On the other hand, there are BV-related liability claims that exist, especially in cases where a valuation report was used to guide financial decisions by businesses, lending services, regulatory agencies, and others, according to Frank Vinluan, in the January 21 issue of FVS News. One of the best ways valuators can reduce their risk of a lawsuit starts with the engagement letter. Engagement letters can help limit a valuator’s exposure by clearly establishing the expectations of work to be performed, the purpose…