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Articles From Brisbane Consulting Group

Brisbane Consulting Group provides resources to assist you as you plan for your business and personal success.
Valuing Collateral in Bankruptcy

Valuing Collateral in Bankruptcy

Posted by Johnathon Miles on May 15, 2023

A recent decision from the U.S. Court of Appeals for the Second Circuit provides a useful primer on how to value collateral for bankruptcy purposes.

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Market Approach: Don’t Compare Apples to Oranges

Market Approach: Don’t Compare Apples to Oranges

Posted by Benjamin Schuver on May 01, 2023

Under the market approach, the value of a business is derived from comparisons between the subject company and transactions involving similar businesses.

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DLOM Dilemma – Defendants’ Bad-Faith Behavior Precluded Marketability Discount

DLOM Dilemma – Defendants’ Bad-Faith Behavior Precluded Marketability Discount

Posted by Douglas Sosnowski on April 17, 2023

In Sipko v. Koger, Inc., the New Jersey Supreme Court found that a discount for lack of marketability (DLOM) was inappropriate, noting the “defendants’ bad-faith behavior throughout this 15-year litigation.”

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Redleaf v. Commissioner – Cash Payments are Property Settlement, Not Deductible Alimony

Redleaf v. Commissioner – Cash Payments are Property Settlement, Not Deductible Alimony

Posted by William P. Allen on April 03, 2023

Pursuant to a marital termination agreement from 2008, the husband in Redleaf v. Commissioner deducted $51 million in deferred cash payments to his ex-wife. The U.S. Court of Appeals for the Eighth Circuit Court affirmed that the payments weren’t deductible as alimony under the tax law that was in effect at the time the agreement was executed.

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Selling Your Business - The Process from Start to Finish

Selling Your Business - The Process from Start to Finish

Posted by Paul M. Herlan on March 23, 2023

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.

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Proposed FRE Amendments May Affect Your Expert Witnesses

Proposed FRE Amendments May Affect Your Expert Witnesses

Posted by Johnathon Miles on March 20, 2023

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

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How to Estimate Lost Profits for a Start-Up Business

How to Estimate Lost Profits for a Start-Up Business

Posted by Cameron Rosenecker on March 06, 2023

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

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Vectura Ltd. v. GlaxoSmithKline LLC – Reasonable Royalty Damages Reflect Built-In Apportionment

Vectura Ltd. v. GlaxoSmithKline LLC – Reasonable Royalty Damages Reflect Built-In Apportionment

Posted by Douglas Sosnowski on February 20, 2023

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.

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2023 Federal Tax Rate Guide

2023 Federal Tax Rate Guide

Posted by Douglas Sosnowski on February 16, 2023

Read the Brisbane Consulting 2023 Federal Tax Rate Guide here.

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Use a Multifaceted Approach to Tackle Postacquisition Disputes

Use a Multifaceted Approach to Tackle Postacquisition Disputes

Posted by William P. Allen on February 06, 2023

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

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