May/June 2012
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Business interruption claims
Whether caused by negligence, breach of contract, terrorism or “acts of God,” the temporary interruption of a business can be financially damaging. When a company tries to recoup its losses from its insurer or the responsible party, it needs solid, comprehensive expert testimony — or it risks losing its claim. This article examines a case in which a metals manufacturer sued its insurer when, following equipment failure, it wasn’t satisfied with the progress of its claim for losses. But its case suffered when it didn’t identify existing or potential sales, or produce evidence showing it could sell existing inventory. A sidebar shows how CPAs calculate lost sales.
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Why companies need unscheduled fraud audits
Because regularly scheduled audits give cheating employees time to hide their crimes, auditors typically don’t find occupational fraud schemes. That’s where unscheduled fraud audits come in. This article explains fraud detection methods and how surprise audits can both detect and deter employee theft.
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Thumbs up — Court takes business valuation guide’s advice
Courts often expect business valuation experts to rely, at least in part, on the value of comparable entities when making their calculations. But in late 2011, the California Court of Appeals allowed a business valuation based on “rules of thumb” multiples, rather than comparables. As this article shows, an expert applied a 42% multiplier to the plaintiff’s physical therapy business; but the appeals court, following a business reference guide, supported a 100% multiplier, citing various marketability factors and the business’s health.
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When is ESI production an undue burden?
Electronically stored information (ESI) has moved to the forefront of discovery. Yet some attorneys still struggle with ESI production, including the rules for opposing a request. This article looks at a recent federal district court case illustrating just how high the hurdle can be to prove undue burden. When the defendant company didn’t assert any specific objection to the plaintiff’s request for production of documents, but produced the requested ESI in PDF format, it learned that that wasn’t sufficient.
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