• Litigation Consulting - QuickRead Top Story

    Ensuring Data Authenticity and Governance in Litigation and Business Environments

    As digital interdependence and geopolitical fragmentation grow, ensuring data authenticity, security, and regulatory compliance is more crucial than ever. Trust in data has eroded due to the opaque nature of AI systems, varying regulatory regimes, and governance gaps, reinforcing a critical need for transparency and accountability. The authors of this article discuss the regulatory framework, importance of data protection, risks of failing to protect the same, and how protected data is of value key to the use of AI. Introduction Ensuring data authenticity, security, and regulatory compliance is more crucial than ever as digital interdependence and geopolitical fragmentation continue to…

  • Artificial Intelligence - Litigation Consulting - QuickRead Top Story

    Artificial Intelligence or Artificial Interference? How AI is Reshaping Litigation for Better and Worse

    AI remains a flawed practice companion. In addition to the possibility of hallucinated case citations and incorrect legal analysis, the use of AI introduces data privacy concerns and risks misadvising individuals due to overly generalized AI conclusions. In this article, the author addresses the following: Does the use of AI in litigation represent true artificial intelligence, or is it artificial interference preventing a just outcome? Artificial intelligence (AI) is rapidly transforming the modern-day legal landscape, offering tools for research, drafting, fact development, document review, expert services, jury selection, and even predicting case outcomes. If used correctly and with robust safeguards,…

  • Litigation Consulting - QuickRead Top Story - Valuation/Appraisal

    Experts: Mitigating Uncertainty by Identifying Fears

    A Series on Managing Uncertainty and Fear The author has testified hundreds of times. Through these experiences, he has gained insight that is not written in the books, or at least not the ones he has been reading as a forensic and valuation professional. In this article, he shares additional insight on what is demanded by expert witnesses. As of the date of this writing, I have testified hundreds of times. Through these experiences, I have gained insight that is not written in the books, or at least not the ones I have been reading as a forensic and valuation…

  • Practice Management - QuickRead Top Story

    Lessons Learned

    Memoirs of a CPA on Getting Started in the Valuation and Forensics Fields Edward Mendlowitz considers himself the last of the “expert generalists”. He published Memoirs of a CPA wherein he relates his story and the lessons learned. Over the years, the author has witnessed the trend towards specialization and proliferation of professional credentials. Mr. Mendlowitz started moonlighting almost immediately after graduating college in 1963 and had enough business to start his own practice in 1969. In this article, he shares tips for newly minted professionals. I consider myself the last of the “expert generalists” and published my Memoirs of…

  • QuickRead Top Story - Valuation/Appraisal

    The Well-Written Business Valuation Report

    Structured, Clear, and Well-Researched and Reasoned In a litigation setting, a well-written business valuation report can position your conclusion of value as credible. When completed for tax purposes, a well-written business valuation report can help avoid an IRS challenge. In any circumstances, a well-written business valuation report can provide the business owner with ways to increase cash flow and reduce risk. After business appraisers learn information about a business, research the economy and applicable industry(ies), analyze the financial statements, and estimate the value of the business, the work is captured in a report. In many cases, it is the business…

  • Litigation Consulting - QuickRead Top Story - Valuation/Appraisal

    The Appraisal Process: An Outline for Making Awards Useful and Final

    Guidelines for Resolving Disputes in First Party Property Insurance Claims (Part I of III) Appraisal is a frequently used and often maligned method to adjudicate disputes in the property insurance world. Typically, appraisal is used for the purposes of evaluation only and will not bring finality to a claim in which coverage, or, in certain jurisdictions, causation is also being disputed. Although the perceived advantages of appraisal versus litigation are that it is considered fast, inexpensive, and relatively final, the appraisal process is often criticized because of unpredictable awards that are not helpful in settling a disputed claim and, in…

  • Practice Management - QuickRead Top Story - Valuation/Appraisal

    Adding Compensation Consulting to Your Practice

    Diversify the Revenue Sources Valuation consultants usually have training and experience with the process of normalizing owner compensation. They may also have access to compensation comparability data, which is a collection of actual amounts paid by other employers which can be sorted. Therefore, valuation specialists may already have what they need to begin adding compensation consulting services to their practices. Valuation consultants usually have training and experience with the process of normalizing owner compensation. They may also have access to compensation comparability data, which is a collection of actual amounts paid by other employers which can be sorted. Therefore, valuation…

  • Litigation Consulting - QuickRead Top Story - Valuation/Appraisal

    An Unimpeachable Treatise

    Apropos Restrictions of Data, Time, and Financial Resources When uncertainty rises to a level—where facts appear to be indistinguishable from fiction—business valuation, forensic accounting, and litigation support must prioritize the virtues of unimpeachable neutrality, integrity, and objectivity. These three virtues provide a means of best assisting the trier of fact in distinguishing that which is misleading from that which is centered upon the facts, data, and evidence regarding material matters, questions, or issues of fact or law. In a world where people consume and embrace fake news and alternative facts and deem those “truths”, the once highly valued authority of…

  • QuickRead Top Story - Valuation/Appraisal

    Operating in the Post-Coronavirus Period

    What Do We Do Moving Forward in Time? The coronavirus and the events unleashed by the outbreak were unforeseeable to professionals preparing reports as of the end of 2019. What do we, as valuation and litigation support professionals, do moving forward in time when we are engaged to value a business? Here, the author, Ron Rudich, answers these questions. Gary R. Trugman wrote in his tome, Understanding Business Valuation, A Practical Guide to Valuing Small to Medium-Sized Businesses, Second Edition, beginning on page 510, the following: Valuation as of a Specific Date A business valuation is similar to a balance…

  • Case Law - QuickRead Top Story

    Litigious Attitude Couple With Major Blunders Leads to Big Loss

    Lessons on Ill-Conceived Strategies that Companies Should Avoid Doing in Business and in Litigation Being aggressive in business and in litigation is considered an advantage. But, as illustrated in a recent 7th Circuit case, it is possible to be overly aggressive. When this is coupled with some serious mistakes in business and in litigation, it can be disastrous. The cases, 4SEMO.COM Incorporated v. Southern Illinois Storm Shelters, Inc., Ingoldsby Excavating, Inc. and Bob Ingoldsby, 7th Circuit Court of Appeals, Nos. 18-1998 and 18-2095, October 7, 2019) offer experts, lawyers, and business owners lessons on how an unchecked ego and an…

  • QuickPress

    Copyright Litigants Entitled to “Full” Costs, Not “Extra” Costs

    On March 4, 2019, the U.S. Supreme Court held that the Ninth Circuit’s expanded view of “full costs” in copyright cases was improper, going beyond the “costs” typically available to litigants in federal court. Rimini Street, Inc. et al., v. Oracle USA, Inc., et al., No. 17-1625, slip op. (U.S. Mar. 4, 2019.) This ruling overturns a $12.8 million award granted to Oracle USA Inc. for its “nontaxable costs,” which included expert witness fees, jury consulting fees and electronic discovery expenses. To read the full article in Taft, click: Copyright Litigants Entitled to “Full” Costs, Not “Extra” Costs.

  • Financial Forensics - Litigation Consulting - Practice Management - QuickRead Top Story

    The Pink Elephant in the Courtroom

    Un-Impeaching Opinions of Calculated Values Valuation or calculation? That is the question asked, answered, and argued by judges, experts, lawyers, and industry thought leaders apropos to whether a calculation of value can be used in litigation. The answer echoed throughout courtrooms across America thus far is a resounding “it depends.” This article offers a synopsis of the debate over calculation engagements being used in litigation. The full version appears in The Value Examiner, September/October 2018 issue.

  • QuickRead Top Story - Valuation/Appraisal

    Why All Values Are Not Created Equal

    Understanding Terms and Bridging a Potential Valuation Gap It is not uncommon for litigation to stem from disagreements over the value of privately held companies and ownership interests in those entities. In those situations, many different values are often discussed as the parties attempt to reach a resolution. It is important to make sure that the parties are speaking the same language as far as the type of value being considered—equity value, enterprise value or invested capital value. While these three types of value are related, there are significant differences between them and understanding those differences is important in reaching…

  • Litigation Consulting

    Business Interruption

    A Unique Assessment of Commercial Damages Business interruption is a form of commercial damages that may include both breach of contract and torts. While it is not common for financial experts to be hired in business interruption situations, some claims require their expertise. Unlike a traditional lost profit analysis, business interruption calculations are unique. Any expert asked to make such an analysis should consider lost profits (projected revenue for the loss period less saved expenses), non-saved expenses that are ongoing during the interruption, and extra or expedited expenses the business has to incur to reopen. This article addresses the work…

  • Litigation Consulting - QuickRead Featured - QuickRead Top Story

    Preventing Case Over Valuation

    Why Attorneys Tend to Overvalue Their Cases and What to Do! Research indicates that most lawyers over value their cases, and what is even more fascinating, it does not matter how long the attorney has been in practice! There are a number of reasons over valuation occurs; sometimes the answer is just that the attorney did not spend enough time reviewing the case, or failed to consider getting a second opinion. Then there are significant psychological factors that influence case valuation: anchoring, confirmation bias, and just plain old over confidence. The good news is there are some very simple steps…

  • QuickRead Featured - Valuation/Appraisal

    Business Valuation and Reporting in Matrimonial Disputes

    Adherence to Development and Reporting Standards in Family Law Litigation Family law practitioners deal with a host of complexities when resolving matrimonial disputes.  In high net worth cases, financial considerations soon become paramount.  Often the largest financial asset on the marital balance sheet is an interest in a closely held business controlled and operated by the family or single spouse.  In these cases, a significant portion of the marital estate and, accordingly, the key to a party’s financial future rests on the results of a proper valuation.  This article discusses the importance of development and reporting standards in litigation engagements.

  • Litigation Consulting - QuickRead Featured - QuickRead Top Story

    Foreseeability Standard in Lost Profits Litigation

    The Objective and Subjective Tests Used to Determine Foreseeability To recover lost profits in a commercial damages case, three standards must be met. They are proximate cause, foreseeability, and reasonable certainty. Of these three, foreseeability is the lost profits standard in which a financial expert will have the least involvement. But this does not mean the expert’s work would not benefit the trier-of-fact in assessing foreseeability. This article will review the foreseeability standard and discuss how financial experts may be able to assist the trier-of-fact in considering this standard through their work addressing proximate cause and reasonable certainty.

  • QuickPress

    What is Forensic Accounting and How is it Used in Litigation Cases?

    The rudimentary definition of forensic accounting is the application of accounting procedures or practices to a matter that may be litigated.  Forensic accounting involves the use of intelligence gathering techniques and accounting/business skills to analyze past financial data.  Brittni Langel, CFE for McGovern & Greene LLP, discusses how litigation teams will determine if there is a need to use this information in the courtroom. To read the full article in McGovern & Greene LLP, click: What is Forensic Accounting and How is it Used in Litigation Cases?

  • Practice Management - QuickRead Featured

    Managing Professional Liability Litigation Against Accounting Firms

    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…

  • Practice Management - QuickRead Featured - QuickRead Top Story

    Managing Professional Liability Litigation Against Accounting Firms

    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.…