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Helping Judge and Jury Understand Valuation Testimony
Most lawyers possess little more than a basic understanding of valuation approaches and techniques. If you have tried a complex valuation case, you may have found that some 'experts' know very little more. If professionals who regularly deal with complicated valuation problems have difficulty understanding how to value a business or other entity, one can imagine how challenging it is for a layperson to grapple with such a difficult subject. The purpose of this article is to provide attorneys and expert witnesses with the information and knowledge necessary to help a judge or jury understand valuation testimony.
Know Your Audience
The Judge
If your valuation case is tried before a judge, a great deal of information is available to guide you with your presentation. Remember that not all judges
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Second Circuit Reinforces Bankruptcy Code Settlement Payment Safe Harbor
The Second Circuit affirmed the lower courts' judgment that a "transfer made … in connection with a securities contract … by a qualifying financial institution" was entitled "to the protection of ... §546 (e)'s safe harbor ...."