Litigation Speaks

The electric vehicle industry is booming more people are becoming aware of the environmental benefits of cleaner energy sources BUT did you know that new companies trying to break into the electric vehicle market face several challenges?

This week's episode I cover one of the five forces of industry. Join me as I discuss an in-depth description of "Threat of new entrants".

Do you know if your expert followed recognized valuation practices? Consistency in business valuation methodology is crucial to the conclusion of value.

Welcome back to another episode of Litigation Speaks As much as you want to help your clients get a lower or higher value, professional standards are not negotiable..

This is an easy way to discredit a business valuation expert Some experts aren’t applying the standards in their valuations. The reason this is an important issue is that if the business valuation expert cannot be trusted to follow their Professional Standards by not using the proper language to describe the conclusion of their work product, how can they be trusted that they have not violated othe...

It’s beneficial for the client in all business valuations to share information with both sides of the case. Not sharing information potentially leads to having to make incorrect assumptions and weaker analysis to arrive at a conclusion of value.

The ABAR Concept of Creditability is grounded on consideration of inclusion of all known facts and circumstances (the good, the bad and the ugly ones) in the business valuation report. “Creditability” can be defined by seven basis processes, applied throughout the assignment. “Creditability is defined as “Worthy of belief”.

Preparing a business valuation report is very complex and time consuming. Understanding how to implement both the art and science takes years of experience and is critical for the business valuator and the reader of the report. All these factors play into the price but there is more that you may not know of.... Tune in and find out!

Welcome to 2023! This week's episode I will be discussing the different factors of the art and science that impact a conclusion of value in a report. Although its not your ideal piece of "art" the technique and experience is what I consider to be art in a valuation. Even though we aren't mixing chemicals business valuations has its own science which would be the professional standards and the rec...

Do you really understand a valuation report? This week's episode I will be elaborating why you cant use a the same valuation for two different purposes.

Have you ever wondered why a business valuation takes so long? On this week’s episode I discuss the high level issues on why a biz val is so time consuming. Two major areas that expands the length of time, they are professional standards and the clients records. The condition of the client’s records is one of the primary drivers of the time and cost. Tune into this week’s episode to learn more on...

Don't overpay your estate tax... Small mistakes can lead to severe consequences. In my 30+ years of work in this field I constantly see reports where the valuation analyst have lacked due professional care that could cost the client hundreds and thousands of dollars or more.

Depreciation expense cannot be greater that the cost of an asset.... if it is there is too much depreciation expense which will lower the value of the company. For this episode I will be discussing the fallacy when doing a business valuation the capital expenditures and depreciation expense should not be exceed the capital expenditures in the terminal year.

Not all financial data that is used for making forecast or projections has predictive ability. The incorrect use of data could have a devastating impact on the conclusions relied upon by an expert. Do you know how to determine if the data has any predictive ability? If you don’t know how don’t worry I’ve got you covered on this week’s podcast!

Bias comes in many forms. If the expert produces a lower value intentionally or unintentionally it can be done through a capitalization rate. On the other hand an unintentional error can be made through a simple math error. Tune into this week’s episode to be able to identify this error.

Welcome to another episode of Litigation Speaks! This week, I am discussing (a business valuation report that has used a weighted average of the market, income and asset approaches). In my opinion the analysis was inaccurate and indicates bias by determining an artificially low value.

Welcome back! On this week's episode I will be discussing Misapplication of Forecasted/Projected Revenues and Operating Income which is a common mistake that is overlooked in many business valuation reports. Tune in to this episode to learn the importance of through investigation.

Welcome to another episode of litigation speaks! This week I will discuss the foundation of forecasting revenues and operating expenses for a business valuation and detecting bias in the work product. Attorneys need to better informed of what is expected from the valuation expert when they perform a business valuation and be better able to detect bias or deliberate misrepresentation.

Welcome back! This week I will be discussing the foundation of all business valuations and provide a roadmap of the due diligence expected from business valuation experts.

Welcome back! The topic of discussion is "Selecting Market Multiples" which is the base of all business valuations and provides a roadmap of the due diligence expected from business valuation experts. As the attorney you should know what is expected from the expert when they perform a valuation.

Welcome to another episode of litigation speaks This week I will be discussing the misapplication of comparing normalized or adjusted financial data to historical data to determine financial performance. Why? This is very critical information that Attorneys need to better educated in to detect anomalies created by inexperienced valuation experts that influence a valuation outcome.

This week I will be discussing financial benchmarking and the strengths and weaknesses in report analysis. You as the attorney need to understand and detect the deficiencies in business valuation reports. The better informed you are the better the outcome of your case.

Have you ever wondered how to know if a potential expert is reliable and will give you quality work? Tune into this episode and I will tell you exactly how!

Welcome to a very special episode of Litigation Speaks! Many don’t know I am a Vietnam Veteran. As memorial day approaches I thought I would share with you my story and what I did during my time in Vietnam. It’s a longer episode but full of memories and interesting stories. Tune in and I hope you enjoy. Happy Memorial Day weekend!