- The valuation date can have a dramatic impact on the outcome of a valuation dispute. To illustrate this point, this article looks at the case Wisniewski v. Walsh, a shareholder oppression lawsuit that dragged on for 18 years. The article outlines the history of the case and how the valuation date, while not the only factor, became central in the appellate court ruling.
- Explore the costs, methods, penetrators, and victims of occupational fraud.
- In a recent case involving securities fraud and breach of contract claims, the U.S. Court of Appeals for the Third Circuit found that the lower court’s standard for reliability on Daubert grounds was too high; a plaintiff need not demonstrate by a preponderance of the evidence that the expert’s opinions are correct — just reliable. This article explains the court’s distinction between “typical” and “nontypical” securities fraud cases and how it made a difference in this case.
- The issue of whether valuators should “tax-affect” an S corporation’s earnings — that is, reduce earnings by an assumed corporate tax rate — continues to be controversial. The U.S. Tax Court rejected the practice in 1999, claiming that tax-affecting was inappropriate in valuing an S corporation. But in recent years several courts have embraced the concept, choosing a middle ground that better reflects an S corporation’s value. This article looks at a couple of recent cases, while a sidebar indicates that the Tax Court might revisit tax-affecting if the right case comes along.
- Identifying and mitigating construction project risk is not limited to the quantitative analysis of project cost data.
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