• Litigation Consulting - QuickRead Top Story

    Don’t Get Struck

    February 4, 2026

    Why Financial Experts Get Excluded and How to Avoid It In this article, the authors describe at a high level the rules governing admissibility of expert testimony, discuss common pitfalls, and provide some tips for avoiding these pitfalls so that expert opinions can be admitted into evidence with maximum effect. Financial experts play a vital role in financial restructurings, delivering important insights in many contexts, including plan confirmation, analysis of sales of a debtor’s property, preferential and fraudulent transfer litigation, and many other areas. They also can be pivotal in commercial disputes and transactions, opining on business and asset valuation,…

  • QuickRead Top Story - Valuation/Appraisal

    Best Practices for Bankruptcy-Related Property Appraisals

    September 28, 2022

    Part II of IV This article is part two (read Part I here) of a four-part series related to the bankruptcy-related appraisal of industrial and commercial company real estate and real property, tangible personal property, and intangible personal property. Part one of the series considered all of the reasons why a valuation specialist in any appraisal discipline (herein called an “appraiser”) may be retained to value the debtor company property within a bankruptcy context. This article considers what the appraiser, the client, and the client’s legal counsel need to know about the bankruptcy appraisal assignment and process. Introduction This article…

  • QuickRead Top Story - Valuation/Appraisal

    Book Review

    January 13, 2021

    The Art of Business Valuation: Accurately Valuing a Small Business This is a book review of The Art of Busines Valuation: Accurately Valuing a Small Business. This book is a guide and desk reference for valuing businesses under $10 million in revenues. The primary question answered in the book is: How do we as business valuators, business brokers, accountants, lawyers, owners, and other interested parties prepare, review, evaluate, or use an accurate business valuation for small and very small businesses in a difficult environment? A business valuation is not just a matter of applying techniques, it has to make sense.…

  • Healthcare - QuickRead Featured - QuickRead Top Story

    Utilization of the Asset/Cost Based Approach

    January 20, 2016

    In Appraising Outpatient Enterprises Healthcare related outpatient enterprises are those that provide services that do not require hospital admission and may be performed outside the premises of a hospital. Valuation of healthcare related outpatient enterprises, similar to the valuation of any business, should include consideration of the three general approaches to valuation, i.e., the income approach, the market approach, and the asset/cost approach. Use of specific methods under each approach will be guided by the facts and circumstances of the engagement, e.g., availability of data, nature of the current transactional marketplace, etc. This article focuses on utilizing an asset/cost based…

  • Healthcare - QuickRead Featured - QuickRead Top Story

    Determination of the Appropriate Standard of Value

    August 26, 2015

    An In-Depth Series on Healthcare Valuation This first installment will discuss Fair Market Value, the most prevalent standard of value in the healthcare industry, and why this is the required standard of value for most healthcare transactions. This article will also discuss the premise of value, which further defines the circumstances of the transaction, and how to determine which methods may be applicable to valuing an outpatient enterprise.

  • Financial Forensics - QuickRead Featured - QuickRead Top Story

    Unique Issue in Standards for Distressed Business Valuation

    May 6, 2015

    Part 2: AIRA Issues New Standards for Distressed Business Valuation In this second article on AIRA Standards, the author discusses unique issues valuing distressed companies. These include the standard of value used, the premise of value, the intended use of the valuation, and cost of capital. The author also discusses the use and level of acceptance of the Industry Risk Premium (IRP) in the bankruptcy/reorganization context. In 2004, The Association of Insolvency & Restructuring Advisors (AIRA) launched the Certification in Distressed Business Valuation (CDBV). The AIRA Board approved Standards for Distressed Business Valuation to improve the consistency and quality of…

  • Case Law - QuickRead Featured

    Reasonably Certain Foreseeable Future Events and the Standard of Value

    August 12, 2012

    In Berquist v. Commissioner, Judge Swift Finds a Company’s Pending Liquidation is Relevant and Foreseeable. The Tax Court valued closely-held stock in an anesthesiology practice donated to a hospital for charitable contribution purposes at its liquidation value since the anesthesiology practice would no longer exist after the physician-stockholders were consolidated into a newly-formed umbrella physician management company.  The donors valued the practice at $401.79 per share under the going concern premise of value.  The respondent determined a fair market value of $37.00 per share under the liquidation premise of value.  The Judge cited one key factor that determined his ruling. …