This is the first of two articles comparing the roles of the auditor and the forensic accountant, specifically their differing objectives, responsibilities, professional standards, and engagement terms. This article, which focuses on fraud investigations conducted by forensic accountants, also discusses how each professional approaches risk assessment, the concept of materiality, and building teams. Gathering information and reporting will be examined in the second article. Introduction There is a popular misconception that audits of financial statements are conducted with the primary objective of detecting fraud. Since the collapse of Enron, independent external financial statement auditors have made great strides in communicating…
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Fresenius is the First (General) MAC in Delaware History (Part II of II) This is a follow-up article about the first seller that successfully terminated a deal in Delaware due to a MAC clause. The previous article addressed the General MAC clause. This article addresses the Regulatory MAC clause. Introduction This is a follow-up article about the first seller that successfully terminated a deal in Delaware due to a Material Adverse Change (MAC) clause. The previous article addressed the General MAC clause. This article addresses the Regulatory MAC clause. Recap of the Dispute This case is about a merger agreement…
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Are there hidden risks to the valuator? The best defense against liability is a good offense. As Joseph Petrucelli explains in this article, a good starting point to ensure the appropriate level of professional skepticism and due professional care is maintained in engagements is asking the question: “What would a reasonable person think about my judgment?”