BCC Advisers

Articles

August 7, 2020

After humming along quite happily with a high level of confidence into early 2020, Iowa’s mergers and acquisitions market briefly went into shutdown mode this spring with the arrival of the COVID-19 pandemic. BCC shareholder Tom Cavanagh contributes his thoughts along with other Des Moines M&A professionals on the current environment and outlook for M&A. Article by Joe Gardyasz of the Business Record.

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August 6, 2020

From the November/December 2017 issue of BCC Advisers Litigation & Valuation Report

Perceived independence is critical when it comes to the effectiveness of expert witness testimony. In this article we discuss a case in which the U.S. Tax Court rejected an expert’s testimony on the reasonableness of compensation paid to shareholder-employees because he failed to provide an “independent and objective analysis.”

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July 30, 2020

From the July/August 2018 issue of BCC Advisers Litigation & Valuation Report

Negative events — including defamation, securities fraud, product liability, intellectual property infringement, and data breach and other cybercrime proceedings — can seriously impair a company’s reputation. This article explains the types of damages and the tools financial experts use to quantify losses.

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July 23, 2020

From the BCC "Baton" - 2019 Q3

Transaction multiples may make the theory of business valuation seem relatively straightforward. However, valuing a company can quickly veer into a challenging world of discount rates, weighted average cost of capital, and other obscure concepts, making it easy to lose sight of the big picture. We give you five valuation tips to help you maintain perspective.

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July 8, 2020

From the May/June 2017 issue of BCC Advisers Litigation & Valuation Report

The IRS and C corporations often disagree about the reasonableness of owners’ compensation. C corporations want payments to shareholder-employees to be classified as deductible compensation expense — but the IRS would prefer these payments to be classified as nondeductible dividends. This article explains the factors that persuaded the U.S. Tax Court to uphold $11 million in deductions for salaries, bonuses and directors’ fees paid to two shareholders in 2003 and 2004.

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June 25, 2020

From the May/June 2018 issue of BCC Advisers Litigation & Valuation Report

When calculating reasonable royalty damages in patent infringement cases, experts are often called upon to “apportion” the royalty base among multiple patents or between infringing and noninfringing products or product features. This article summarizes a federal district court case that excluded a damages expert’s testimony on Daubert grounds because her apportionment methodology improperly inflated the royalty base.

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June 22, 2020

There are a variety of reasons business owners use ESOPs as an exit strategy, usually with the expectation that the ESOP will last in perpetuity. However, that’s not always the case. Here we share the more common situations we see leading to the sale of an ESOP company to a third party.

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June 11, 2020

From the May/June 2018 issue of BCC Advisers Litigation & Valuation Report

Rather than give up on defendants that appear to have limited financial resources, plaintiffs may assert that the companies are nothing more than “alter egos” for more solvent companies. This article identifies various red flags, such as combined corporate structures, shared advisors and numerous “related party” transactions, which may persuade a court to “pierce the veil” of a corporation or LLC.

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June 4, 2020

From the March/April 2019 issue of BCC Advisers Litigation & Valuation Report

When using the discounted cash flow method to value a business, a large chunk of the value is contained in the “terminal” value. This article discusses ways business valuation experts estimate terminal value and the importance of using reasonable assumptions about long-term growth.

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May 27, 2020

From the January/February 2019 issue of BCC Advisers Litigation & Valuation Report

The laws in most states make a distinction between marital and separate property for purposes of marital dissolution. In cases where property increases in value during the marriage, experts may be hired to determine whether that appreciation is passive or active. This article explains the difference between these terms and why it matters when divvying up a marital estate in divorce. A sidebar highlights the need to take a holistic approach when differentiating between the active and passive appreciation when valuing a business.
Bair v. Bair, 214 So. 3d 750 (Fla. 2nd DCA 2017)

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