Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Marital Interests in S-Corporations May Have Differing Value
Matrimonial attorneys need to be aware that a shift in prevailing winds is occurring within the business appraisal profession concerning valuation of interests in “pass-through entities” (PTEs) such as S-Corporations and various forms of limited liability entities. Calculation of the fair market value of a closely held marital business interest could vary by as much as 67% if income taxes are considered or not considered under various methods. While the choice of methods and procedural analysis is the domain of your appraisal expert, knowledge of valuation alternatives will help you ensure that an appropriate analysis for your client is performed, and will assist you in impugning a less alert opposing expert during cross-examination. Be careful, however, because these “new analytics” are fact-sensitive and not universally applied (or misapplied) by business appraisers.
Background
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.
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.
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.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
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.