Articles From Brisbane Consulting Group

Attendees learned from the team of experts as they walked through real-world examples of the entire merger and acquisition process from valuation, buyer research and drafting of the offering materials, negotiation of key deal terms and execution of the definitive agreement, to closing and post-closing activity.

Proposed amendments to the Federal Rules of Evidence (FRE), expected to take effect in late 2023, may affect the admissibility of expert testimony.

The usual methods of calculating lost profits may fall short when a start-up is involved.

Valuation experts commonly use the reasonable royalty method to measure damages in patent infringement cases. When a royalty base is the “entire market value,” an expert may apportion it among the product’s infringing and noninfringing components.

Read the Brisbane Consulting 2023 Federal Tax Rate Guide here.

In M&A transactions, disputes sometimes arise over contractual purchase price adjustments, representations and warranties, earnout provisions, or alleged misrepresentations by the seller.

Employment discrimination claims based on race, sex, age, religion and other characteristics continue to be a major concern for employers.

The line between permissible expert opinion and impermissible legal or factual conclusions can sometimes be blurry under the Federal Rules of Evidence. 

A recent federal district court case illustrates what can happen when business valuations are prepared by attorneys rather than qualified valuation professionals.

Due diligence is a critical part of the merger and acquisition process — and one key area of concern is fraud risk. Financial statement manipulation can sometimes make the target appear more valuable than it really is.