MBAF is pleased to present the September/October 2018 issue of Litigation & Valuation Report. Here’s a brief glance at what you’ll find in the September/October issue…
Fight Fraud with Active Detection Methods
The Association of Certified Fraud Examiners (ACFE) recently released its Report to the Nations: 2018 Global Study on Occupational Fraud and Abuse. This article highlights key findings from this biennial report, including the importance of implementing active antifraud controls, rather than relying on passive methods of detection.
Owners Dispute Buyout Provision of Shareholders’ Agreement
D. Allen Hornberger v. Dave Gutelius Excavating, Inc.
A recent case involving a shareholder buyout illustrates the importance of drafting shareholders’ agreements with precision. This article explains why the Superior Court of Pennsylvania upheld a trial court decision to allow valuation discounts for lack of control and marketability, even though they weren’t explicitly mentioned in the shareholders’ agreement.
D. Allen Hornberger v. Dave Gutelius Excavating, Inc., No. 103 MDA 2017, Pa. Sup. Ct,. December 15, 2017
Will Your Expert Pass the Daubert Test?
A financial expert may be disqualified from testifying if his or her methods aren’t reliable and proven. This article explains the questions that are asked in a Daubert challenge, how the process works and potential pitfalls to avoid.
Daubert v. Merrell Dow Pharmaceuticals Inc., 113 S.Ct. 2786, June 28, 1993
Blockchain Could Revolutionize the Legal Industry
Blockchain is best known as the digital technology behind bitcoin. But its potential uses in the legal, business and financial worlds go well beyond virtual currencies. This article defines “blockchain” and provides examples of how it may be used in the legal industry in the future.