J. Richard Claywell

Litigation Speaks

Business EN ↓ 66 episodes

Litigation Speaks is designed to assist attorneys in identifying when the expert's work product is not based on reliable principles and methods. We can provide you with information that will allow you to make better informed settlement offers and/or trial strategies. Every month we will make available to you real world examples of the misapplication of principles and methods of business valuations, economic damages and or forensic accounting.

Be sure to visit the podcast's website and support the creator: j-richard-claywell-cpa.simplecast.com

Author

J. Richard Claywell

Category

Business

Latest episode

Apr 24, 2025

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Episodes

Is There a Difference Between Lost Profits and Business Value? 24.04.2025

Can lost profits really be more than the value of the business? Absolutely — and attorneys need to know why. This episode breaks down how a $2.5M loss can come from a company worth just $800K, and why courts like in Fishman v. Wirtz say that’s legit. We’ll unpack real examples, legal pitfalls, and how to avoid the rookie mistake of double dipping.

Your valuation could be stronger if... 17.03.2025

Benchmarking isn’t just a buzzword — it’s your business’s reality check. Without comparing your KPIs to industry standards, you're just guessing your true value. In this episode, I break down why benchmarking matters and how it can make or break your valuation. Don’t leave your success to chance — tune in to learn how to measure up and stand out!

Are expert reports still credible sources? 31.01.2025

AI is making its way into expert reports—but how can you tell if a report was AI-assisted? 🤖 In this episode, I break down lexicology, the study of words, and how it can help attorneys detect AI-generated content through word patterns, syntax markers, and stylistic inconsistencies. Tune in to learn how to spot the signs, protect your cases, and safeguard your credibility! 🎙️⚖️

The Ultimate Guide to Valuing Your Business 12.09.2024

In this episode, we discuss why using a sales multiple to value a business can be misleading. While quick, it overlooks key factors like profitability, cash flow, and risk. Learn why more detailed methods, like Discounted Cash Flow (DCF) analysis, offer a more accurate view of a business’s true value.

Do Attorneys Really Understand Company Finances? 27.06.2024

5 Steps to Deciphering the Statement of Cash Flows Follow these steps to transform from confused to confident in your financial statement analysis.

The Gap Between Legal Advice And Financial Reality 07.06.2024

Struggling with financials? Attorneys, ever feel lost in a sea of numbers? Confused by income statements in valuations? Your secret weapon? Accrual over cash accounting. Why? Realistic earnings snapshot.

Memorial Day 2024 24.05.2024

Memorial Day is a solemn occasion dedicated to honoring the brave men and women who made the ultimate sacrifice in service to our country. As we remember those who risked and lost their lives, we reflect on their courage and the profound impact of their sacrifice. Being a veteran myself, I stand in deep reverence for my fallen comrades who are no longer with us. Today, we unite in gratitude and re...

Is The Balance Sheet The Most Important Financial Statement? 16.05.2024
5 Steps to Making Smart Money Moves 24.04.2024

This week we'll discuss how to choose between debt and equity for business growth. We'll cover the differences between borrowing money for short-term needs and owning a share for long-term goals, their costs, and how they impact your control over the business. We'll also highlight the importance of considering the exit strategy, as debt has a set end date, while equity can be indefinite.

What If You Only Used One Metric For Business Valuation? 15.04.2024

Ever felt that gnawing in your gut, but you played it safe instead? Story Time: I once sat on a deal that smelled like trouble. Good on paper, but my gut screamed 'no'. Ignored it. The deal? A disaster. Taught me more than any success ever did.

Why We Fix Expenses for All Owners 27.03.2024

Discover the intricate world of business valuation, where normalizing expenses unveils companies' true value, ensuring fairness and accuracy in financial assessments.

Numbers Never Lie: Unveiling the Power of Internal Controls 28.02.2024

End Fraud Now! Stop Fraud in Its Tracks Through Strong Controls Internal controls are essential for ensuring operational integrity Financial reliability, and legal compliance within organizations.

The Case of the Mysterious 'Entertainment' Expenses 21.02.2024

Ever found $30K in 'entertainment' expenses and wondered...why so entertaining?" Business partners decided it was time to sell. But first, a valuation. Diving into the books, we stumbled upon an unusual expense spike. Entertainment' costs soaring. Curiosity piqued. A closer look revealed a recurring name: 'Stiletto'. Stiletto's wasn't a shoe brand. It was a gentlemen's club.

Uncovering Hidden Assets in Divorce 14.02.2024

Ever found a Picasso in the attic? Sounds absurd, right? But in my world, it's just another Tuesday.

Till Debt Do Us Part 08.02.2024

Ever mediated a vacuum cleaner dispute? Behind the scenes... Lawyers, laughter, and a vacuum. Sounds like a sitcom, right? Nope. It's divorce court reality.

Why don't my profit numbers make sense? 31.01.2024

Explore the hidden depths of financial statements where profit numbers may not always tell the full story. This episode unveils the subtle art of reading between the lines, empowering attorneys to uncover the truth behind the figures.

Forensic Accounting Tactics for Divorce Cases 12.12.2023
Why do Lawyers Need Forensic Accountants in Court? 22.11.2023

Explore 'The Legal Ledger' podcast, where we unravel the role of forensic accountants in legal dramas. Discover how they turn the tide in court cases, from fraud detection to dispute resolution. Quick, engaging talks for attorneys and finance buffs. Tune in for insights on making every number count in the courtroom!

Unveiling The Shadows of Hidden Assets in Forensic Engagements 01.11.2023

Why are forensic accountants so expensive? Let me explain... Imagine you're trying to complete a massive, intricate jigsaw puzzle. This puzzle is made up of tiny pieces Each represents a financial transaction or activity. A forensic accountant is like a puzzle master Who meticulously examines, analyzes, and fits these pieces together And creates a clear picture of a person’s or company’s financial...

How a Site Visit Can Enhance Business Valuation Precision 11.10.2023

The importance of site visits in business valuation is highlighted. Site visits provide a deeper understanding of a company's operational aspects, tangible assets, and overall environment, revealing insights that financial statements alone cannot capture. They verify data accuracy, offer operational insights, assess risks, verify tangible assets, and consider environmental and locational factors....

Attorney Expectations vs. Reality 15.09.2023

As a seasoned business valuation expert, I understand the intricate art and science of determining a company's worth. However, there are instances where aligning with a client's attorney's approach isn't straightforward. Let's delve into the reasons why I might be unable to meet a client's business valuation request in the precise way their attorney desires while keeping independence, business val...

Splitting the baby 08.08.2023

Let's imagine you're selling your house When someone wants to buy it from you, they have to pay you money. sometimes there's a disagreement about how much money should be paid we need to figure out the right amount in a fair way There are two special tools that are used to figure out the fair amount of money One is called the "cost of equity," and the other is the "safe rate." Cost of equity: woul...

Why is a business valuation so expensive? 27.07.2023

Why does a valuation cost so much??? A business valuation is figuring out how much a company is worth. It's essential for many legal and financial situations. Such as buying or selling a company. Resolving disputes, or dealing with taxes.

Supplier Power: Understanding the Power of Suppliers 13.07.2023

When life gives you lemons... Bargain!

Buyer Power: Customers Who Hold the Key 07.06.2023

Once upon a time.... In a captivating business world, fortunes hung in balance. A rule called Revenue Ruling 59-60 guided valuations. Dr. Michael Porter, a renowned expert, discovered strategic insights.....

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