Business does not always go as planned. When a vendor breaches their contract to supply key parts, a lender reneges on their loan commitment, or a fire decimates a central distribution facility, the impacted business may have grounds to seek compensation in the form of the profits it would have earned had everything just gone smoothly. In order to successfully win (or defend against) any such claim, one must compile and analyze certain types of documents and information, understand and apply appropriate methodologies, and present their case in a manner consistent with that which the court or trier of fact requires. In this webinar, the expert panel discusses the circumstances that warrant lost profits claims, key considerations for both the claimant and defendant, and how such claims will ultimately be evaluated.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/nuts-bolts-of-lost-profit-cases-2021/
Nuts & Bolts of Lost Profit Cases (Series: Complex Financial Litigation 2020) Financial Poise
Business does not always go as planned. When a vendor breaches their contract to supply key parts, a lender reneges on their loan commitment, or a fire decimates a central distribution facility, the impacted business may have grounds to seek compensation in the form of the profits it would have earned had everything just gone smoothly. In order to successfully win (or defend against) any such claim, one must compile and analyze certain types of documents and information, understand and apply appropriate methodologies, and present their case in a manner consistent with that which the court or trier of fact requires. In this webinar, the expert panel discusses the circumstances that warrant lost profits claims, key considerations for both the claimant and defendant, and how such claims will ultimately be evaluated.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/lost-profit-cases-2020/
Valuing Lost Profits for Litigation Purposes (Series: Valuation 2020) Financial Poise
A competitor, contractor or other third party has taken actions that have damaged your client’s business in the form of lost profits. How do you measure the lost profits? Must you demonstrate lost profits with certainty? Over what period do you measure the lost profits? If your client has not recovered fully, can you include estimated future lost profits? These are all important questions in a lost profits case. This webinar addresses those questions and summarizes the different methods to measure lost profits, as well as some of the critical elements that must be considered in developing and presenting your damages theory in court.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/valuing-lost-profits-for-litigation-purposes-2020/
A competitor, contractor or other third party has taken actions that have damaged your client’s business in the form of lost profits. How do you measure the lost profits? Must you demonstrate lost profits with certainty? Over what period do you measure the lost profits? If your client has not recovered fully, can you include estimated future lost profits? These are all important questions in a lost profits case. This webinar addresses those questions and summarizes the different methods to measure lost profits, as well as some of the critical elements that must be considered in developing and presenting your damages theory in court.
Part of the webinar series: Valuation 2022
See more at https://www.financialpoise.com/webinars/
Before going to market to sell your business, you or your executive team may want to obtain an independent appraisal. Likewise, prospective buyers may wish to obtain expert services to value an acquisition target or discrete portions of a target. This webinar provides a look into how valuation experts place a value on a going concern.
Part of the webinar series: Valuation 2021
Mitigating litigation risk at the deal table webinar part 1Polsinelli PC
First in an 8 part series discussing mitigation litigation risk. This presentation focuses on: Due Diligence
Reps and Warranties
Damages Limitation or Waiver
Procedural Safeguards
Regulatory Compliance ("Alphabet Soup")
Nuts & Bolts of Lost Profit Cases (Series: Complex Financial Litigation 2020) Financial Poise
Business does not always go as planned. When a vendor breaches their contract to supply key parts, a lender reneges on their loan commitment, or a fire decimates a central distribution facility, the impacted business may have grounds to seek compensation in the form of the profits it would have earned had everything just gone smoothly. In order to successfully win (or defend against) any such claim, one must compile and analyze certain types of documents and information, understand and apply appropriate methodologies, and present their case in a manner consistent with that which the court or trier of fact requires. In this webinar, the expert panel discusses the circumstances that warrant lost profits claims, key considerations for both the claimant and defendant, and how such claims will ultimately be evaluated.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/lost-profit-cases-2020/
Valuing Lost Profits for Litigation Purposes (Series: Valuation 2020) Financial Poise
A competitor, contractor or other third party has taken actions that have damaged your client’s business in the form of lost profits. How do you measure the lost profits? Must you demonstrate lost profits with certainty? Over what period do you measure the lost profits? If your client has not recovered fully, can you include estimated future lost profits? These are all important questions in a lost profits case. This webinar addresses those questions and summarizes the different methods to measure lost profits, as well as some of the critical elements that must be considered in developing and presenting your damages theory in court.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/valuing-lost-profits-for-litigation-purposes-2020/
A competitor, contractor or other third party has taken actions that have damaged your client’s business in the form of lost profits. How do you measure the lost profits? Must you demonstrate lost profits with certainty? Over what period do you measure the lost profits? If your client has not recovered fully, can you include estimated future lost profits? These are all important questions in a lost profits case. This webinar addresses those questions and summarizes the different methods to measure lost profits, as well as some of the critical elements that must be considered in developing and presenting your damages theory in court.
Part of the webinar series: Valuation 2022
See more at https://www.financialpoise.com/webinars/
Before going to market to sell your business, you or your executive team may want to obtain an independent appraisal. Likewise, prospective buyers may wish to obtain expert services to value an acquisition target or discrete portions of a target. This webinar provides a look into how valuation experts place a value on a going concern.
Part of the webinar series: Valuation 2021
Mitigating litigation risk at the deal table webinar part 1Polsinelli PC
First in an 8 part series discussing mitigation litigation risk. This presentation focuses on: Due Diligence
Reps and Warranties
Damages Limitation or Waiver
Procedural Safeguards
Regulatory Compliance ("Alphabet Soup")
Obtaining a 360 degree view by conducting a thorough due diligence to ensure ...Kenny Ong
Marcus Evans Structuring and Financing M&A Conference
Singapore,12-13 July 2010
Obtaining a 360 degree view by conducting a thorough due diligence to ensure a successful acquisition
• Analysing the pre-offer preparation
• Amplifying internal fitment
• Focusing on areas for due diligence
• Balancing valuation with fitment
• Examining the key facets of negotiation
Demonstrating Good Ethics in Business Valuation Modeling Ralph Colucci, CFA
Summary presentation, which provides an overview of navigating thru the sometimes troubled waters of corporate finance and valuation consulting with good ethical behavior in an influential business world.
Common Issues and Strategies in Business Breakups (Series: Complex Financial ...Financial Poise
As any entrepreneur will attest, starting and operating a business comes with unique challenges. These challenges are a key reason that, by some estimates, half of the companies that are founded today will not exist four years from now. It can be argued that the effort and attention needed to find success precludes business owners from planning for failure. This webinar focuses on the realities of a failing business from the owners’ perspective. Join our panel of experts as they discuss the various considerations that should be given at the outset of start-up negotiations and through business breakup, including dispute negotiation and litigation.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/common-issues-strategies-business-breakups-2020/
Due Diligence - What You Don’t Find Out Will Hurt YouNow Dentons
This presentation focuses on the details of the due dilligence process. It covers the definition and role of due dilligence, provides a legal due diligence checklist and gives an overview of key due dilligence points and mining considerations.
Business does not always go as planned. When a vendor breaches their contract to supply key parts, a lender reneges on their loan commitment, or a fire decimates a central distribution facility, the impacted business may have grounds to seek compensation in the form of the profits it would have earned had everything just gone smoothly. In order to successfully win (or defend against) any such claim, one must compile and analyze certain types of documents and information, understand and apply appropriate methodologies, and present their case in a manner consistent with that which the court or trier of fact requires. In this webinar, the expert panel discusses the circumstances that warrant lost profits claims, key considerations for both the claimant and defendant, and how such claims will ultimately be evaluated.
Part of the webinar series: COMPLEX FINANCIAL LITIGATION 2022
See more at https://www.financialpoise.com/webinars/
Valuing Lost Profits for Litigation Purposes (Series: Valuation)Financial Poise
A competitor, contractor or other third party has taken actions that have damaged your client’s business in the form of lost profits. How do you measure the lost profits? Must you demonstrate lost profits with certainty? Over what period do you measure the lost profits? If your client has not recovered fully, can you include estimated future lost profits? These are all important questions in a lost profits case. This webinar addresses those questions and summarizes the different methods to measure lost profits, as well as some of the critical elements that must be considered in developing and presenting your damages theory in court.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/valuing-lost-profits-for-litigation-purposes-2021/
Obtaining a 360 degree view by conducting a thorough due diligence to ensure ...Kenny Ong
Marcus Evans Structuring and Financing M&A Conference
Singapore,12-13 July 2010
Obtaining a 360 degree view by conducting a thorough due diligence to ensure a successful acquisition
• Analysing the pre-offer preparation
• Amplifying internal fitment
• Focusing on areas for due diligence
• Balancing valuation with fitment
• Examining the key facets of negotiation
Demonstrating Good Ethics in Business Valuation Modeling Ralph Colucci, CFA
Summary presentation, which provides an overview of navigating thru the sometimes troubled waters of corporate finance and valuation consulting with good ethical behavior in an influential business world.
Common Issues and Strategies in Business Breakups (Series: Complex Financial ...Financial Poise
As any entrepreneur will attest, starting and operating a business comes with unique challenges. These challenges are a key reason that, by some estimates, half of the companies that are founded today will not exist four years from now. It can be argued that the effort and attention needed to find success precludes business owners from planning for failure. This webinar focuses on the realities of a failing business from the owners’ perspective. Join our panel of experts as they discuss the various considerations that should be given at the outset of start-up negotiations and through business breakup, including dispute negotiation and litigation.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/common-issues-strategies-business-breakups-2020/
Due Diligence - What You Don’t Find Out Will Hurt YouNow Dentons
This presentation focuses on the details of the due dilligence process. It covers the definition and role of due dilligence, provides a legal due diligence checklist and gives an overview of key due dilligence points and mining considerations.
Business does not always go as planned. When a vendor breaches their contract to supply key parts, a lender reneges on their loan commitment, or a fire decimates a central distribution facility, the impacted business may have grounds to seek compensation in the form of the profits it would have earned had everything just gone smoothly. In order to successfully win (or defend against) any such claim, one must compile and analyze certain types of documents and information, understand and apply appropriate methodologies, and present their case in a manner consistent with that which the court or trier of fact requires. In this webinar, the expert panel discusses the circumstances that warrant lost profits claims, key considerations for both the claimant and defendant, and how such claims will ultimately be evaluated.
Part of the webinar series: COMPLEX FINANCIAL LITIGATION 2022
See more at https://www.financialpoise.com/webinars/
Valuing Lost Profits for Litigation Purposes (Series: Valuation)Financial Poise
A competitor, contractor or other third party has taken actions that have damaged your client’s business in the form of lost profits. How do you measure the lost profits? Must you demonstrate lost profits with certainty? Over what period do you measure the lost profits? If your client has not recovered fully, can you include estimated future lost profits? These are all important questions in a lost profits case. This webinar addresses those questions and summarizes the different methods to measure lost profits, as well as some of the critical elements that must be considered in developing and presenting your damages theory in court.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/valuing-lost-profits-for-litigation-purposes-2021/
The deal is complete, and the parties have finished the hard work. Or have they? Integration planning turns to execution as people, process, and technology are combined once the deal is legally closed. The buyer will need to consider the purchased business or assets from the standpoint of employees, IT, customers, suppliers, and a multitude of other areas. In addition, numerous post-closing legal issues may arise, including purchase price adjustments, breaches of representations and warranties, enforcement of key negative employment-related covenants and restrictive covenants, collection of pre-closing accounts receivable, and true-ups of final financials. This episode guides listeners through the process, timing, and issues which most commonly arise after the closing of deals.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/post-closing-issues-integration-potential-buyer-seller-disputes-2021/
The deal is complete, and the parties have finished the hard work. Or have they? Integration planning turns to execution as people, process, and technology are combined once the deal is legally closed. The buyer will need to consider the purchased business or assets from the standpoint of employees, IT, customers, suppliers, and a multitude of other areas. In addition, numerous post-closing legal issues may arise, including purchase price adjustments, breaches of representations and warranties, enforcement of key negative employment-related covenants and restrictive covenants, collection of pre-closing accounts receivable, and true-ups of final financials. This episode guides listeners through the process, timing, and issues which most commonly arise after the closing of deals.
Part of the webinar series:
M&A BOOT CAMP - 2022
See more at https://www.financialpoise.com/webinars/
Part of the webinar series: Cross-Training for Business Lawyers 2021
Credit insurance, also called trade credit insurance or business credit insurance, is insurance for businesses for non-payment of commercial debt. It is generally offered by private insurance companies to businesses seeking insurance for non-payment due to a customer’s bankruptcy or other types of financial difficulties. It can be a critical information and hedging tool for businesses with income streams heavily dependent upon accounts receivable from customers with questionable credit worthiness or that may be facing an industry-based or regional-based financial downturn. The premium is generally based upon a financial review of the customers of the business. This webinar covers these and related topics.
Understanding Risk Management Basics for Business OwnersFinancial Poise
This expert panel embarks upon a discussion of key elements of risk management such as the 5-Steps of the Risk Management Process, Understanding 3 Main Types of Loss Exposures, Measuring Loss Exposures, and 5 Types of Risk Control. We’ll discuss Insurance Distribution, Wholesale v. Retail Insurers and Policies to give a business owner an understanding of what to look for in a carrier, a broker and how underwriters operate. We’ll also review some general best practices for Safety and Loss Control applicable to many businesses. In light of current circumstances, we’ll discuss safety measures for employees working from home.
Part of the webinar series: INSURANCE FOR THE BUSINESS OWNER - 101
See more at https://www.financialpoise.com/webinars/
McGladrey/AICPA presentation at September 2014 Global Manufacturing ConferenceBrian Marshall
Update on important new accounting and reporting developments over the past year addressing recent technical pronouncements along with accounting projects and proposals from FASB and other standard setters. Topics incude:
- New ASU on revenue recognition
- FASB's recently issued accoutning alternatives for private companies
- Overview of ket, other, new or porposed ASUs
Experts: When Do You Need One & Where Do You Get One? (Series: Valuation 2020...Financial Poise
A dispute regarding the value of a business or business interest, other asset, or liability can often lead to litigation. When do you need a valuation expert? An independent, third-party expert is not necessarily required during the negotiation process although it may be helpful. Once you head to litigation, an expert is all but required. Are there credentials that are useful in identifying the appropriate expert? Are all credentialed experts the same or are there advantages to one over another? The process of selecting the right expert begins with identifying the issues in dispute. This webinar will help you by identifying and explaining key factors that you should consider in selecting an expert for your litigation circumstances.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/valuation-experts-when-where-2020/
Although every deal is different, understanding any purchase/sale agreement will help you understand other purchase sale agreements. Stated another way, most M&A documents include a similar set of sections and use a similar vocabulary. This episode explains specific, common provisions and discusses how buyers and sellers approach these provisions differently, particularly in light of situational differences (e.g. whether the assets being bought and sold are equity of a company or the assets of a company; whether the seller is going to cease to exists or not). Topics covered will include tax issues; corporate governance; closing conditions; representations and warranties; indemnification provisions; earn-outs; restrictive covenants; antitrust; intellectual property; and employment issues.
Part of the webinar series:
M&A BOOT CAMP - 2022
See more at https://www.financialpoise.com/webinars/
Do you need to know about Financial (MiFID II) Product Governance? I have written a guide to help those needing more understanding on what Product Governance is. Let me know if you want any further guidance.
Roadmap to Selling a Business or Taking on Outside InvestorsFinancial Poise
Part of the webinar series: BUSINESS ADVICE - FROM STARTUP TO SALE 2021
A Startup is the Founders’ baby - they dream it, created it and worked tirelessly to make it successful. Deciding it may be time to sell all or part is the easy part - acknowledging and addressing the financial and emotional issues can be challenging.
Negotiating with potential buyers or investors is time intensive, to say the least. Positioning a business for a value maximizing transaction requires planning. What professionals need to be engaged? How do the parties come to a valuation? What is the profile of the likely investor or buyer? These are just some of the questions this webinar addresses.
When Do You Need One & Where Do You Get One? (Series: Valuation Fights in Lit...Financial Poise
A dispute regarding the value of a business or business interest, other asset, or liability can often lead to litigation. When do you need a valuation expert?
An independent, third-party expert is not necessarily required during the negotiation process although it may be helpful. Once you head to litigation, an expert is all but required.
Are there credentials that are useful in identifying the appropriate expert? Are all credentialed experts the same or are there advantages to one over another? The process of selecting the right expert begins with identifying the issues in dispute. This webinar will help you by identifying and explaining key factors that you should consider in selecting an expert for your litigation circumstances.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/when-and-where-2019/
Similar to Nuts & Bolts of Lost Profit Cases (Series: Complex Financial Litigation) (20)
IP-301 POST-GRANT REVIEW TRIALS 2022 - Things to Consider Before You FileFinancial Poise
This segment will delve into considerations that come into play when filing or responding to post-grant review proceedings. These considerations include issues of real party in interest, timing, and substantive arguments.
Part of the webinar series: IP-301 POST-GRANT REVIEW TRIALS 2022
See more at https://www.financialpoise.com/webinars/
This segment will discuss the statutory and procedural background of post-grant review proceedings. It will discuss the types of proceedings available and provide a high-level discussion of how the proceedings are conducted.
Part of the webinar series:
IP-301 POST-GRANT REVIEW TRIALS 2022
See more at https://www.financialpoise.com/webinars/
THE NUTS & BOLTS OF BANKRUPTCY LAW 2022: The Nuts & Bolts of a First Day HearingFinancial Poise
Even when a bankruptcy petition is the result of a soft-landing rather than a freefall, filing a chapter 11 petition is a disruptive event. To facilitate the debtor’s entry into chapter 11 with as little disruption as possible, first day motions are filed to ensure that a debtor-in-possession can minimize interruptions and continue operating its business in order to achieve its goals in chapter 11. This webinar provides an overview of the administrative and operational first day motions typically filed by chapter 11 debtors and the process for requesting a first day hearing, providing notice of the hearing, and ensuring that the hearing runs smoothly.
Part of the webinar series: THE NUTS & BOLTS OF BANKRUPTCY LAW 2022
See more at https://www.financialpoise.com/webinars/
RESTRUCTURING, INSOLVENCY & TROUBLED COMPANIES 2022: Bad Debtor Owes Me Money!Financial Poise
Sometimes it begins when a client, tenant, or customer starts to slow-pay, with the result that your accounts receivable start to accrue gradually. Other times the issue presents itself more suddenly. Either way, you find your company owed a great deal of money that looks like it may not be collected because your client/tenant/customer has filed bankruptcy, has commenced an assignment for the benefit of creditors, has been put into receivership, or is otherwise just plain insolvent. What do you do? What should you not do? The topics discussed in this webinar include the pros and cons of putting a counterparty into involuntary bankruptcy; when and how you may be able to pursue third parties (like guarantors, directors, or officers) for the amount owed; risks related to preference attack; pros and cons of sitting on a “creditors’ committee” in a Chapter 11; how to negotiate for “critical vendor” protection in Chapter 11; and practical guidance for continuing to provide goods or services to an insolvent counterparty.
Part of the webinar series: RESTRUCTURING, INSOLVENCY & TROUBLED COMPANIES 2022
See more at https://www.financialpoise.com/webinars/
We’ve all long heard about writing practices to avoid, including run-on sentences, excessive passive voice, and nominalization. This webinar not only discusses how those habits can damage briefs, but also explores a key habit brief-writers should embrace: using strong, precise verbs, which are the engine of a persuasive sentence. Panelists also exchange views about finding the most persuasive voice and tone, as well as the right temperature for rhetoric.
Part of the webinar series: PERSUASIVE BRIEF WRITING 2022
See more at https://www.financialpoise.com/webinars/
CYBER SECURITY and DATA PRIVACY 2022: Data Breach Response - Before and After...Financial Poise
You’ve received the dreaded call that your company has just suffered a data breach – what do you do next? Who do you call for help? What notification obligations do you have?
With proper preparation, you can mitigate the damage caused by this unfortunate event and put your business in a position to recover. Your company may have already implemented its information security program and identified the responsible parties, including applicable outside experts, to be contacted in the event of a breach. However, now you must call up your incident response team to investigate the extent of the breach, evaluate the possible damage to your company, and determine whether you must notify your clients, customers, or the public of the breach. This webinar will help prepare you to take action when the worst happens.
Part of the webinar series:
CYBER SECURITY and DATA PRIVACY 2022
See more at https://www.financialpoise.com/webinars/
CYBER SECURITY and DATA PRIVACY 2022_How to Build and Implement your Company'...Financial Poise
Data is one of your business’s most valuable assets and requires protection like any other asset. How can you protect your data from unauthorized access or inadvertent disclosure?
An information security program is designed to protect the confidentiality, integrity, and availability of your company’s data and information technology assets. Federal, state, or international law may also require your business to have an information security program in place.
This webinar will provide the basics of how to create and implement an information security program, beginning with identifying your incident response team, putting applicable insurance policies into place, and closing any gaps in the security of your data.
Part of the webinar series:
CYBERSECURITY & DATA PRIVACY 2022
See more at https://www.financialpoise.com/webinars/
NEWBIE LITIGATOR SCHOOL - 101 Part 3 2022 - Enforcement: Post-Judgment Procee...Financial Poise
Obtaining a final and enforceable judgment is often just the first phase of the civil litigation process; without effective enforcement and collection, a judgment is merely a piece of paper (or electronic docket entry). This webinar provides an overview of the technical, procedural and strategic considerations necessary to monetize judgments and make litigation worthwhile.
Part of the webinar series: NEWBIE LITIGATOR SCHOOL - 101 Part 3 2022
See more at https://www.financialpoise.com/webinars/
NEWBIE LITIGATOR SCHOOL - 101 Part 3 2022 -Appellate Practice- 101 Financial Poise
When is an appeal permitted and when should you take one? What rules and procedures govern appellate practice and how can you best avoid technical and procedural mistakes. How are appellate briefs different from those filed with the trial court and what are some keys to making them successful? And how can you best prepare for appellate oral argument? This webinar explores these questions and more with a panel of experienced appellate litigators.
Part of the webinar series: NEWBIE LITIGATOR SCHOOL - 101 Part 3 2022
See more at https://www.financialpoise.com/webinars/
MARKETING TIPS FOR THE NEW (OR OLD!) BUSINESS OWNER 2022: Learn How to Do Con...Financial Poise
There's creating content; then there's creating great content; and then there's creating great content that actually gets seen by the ideal audience. Each of those layers has its own unique challenges. In this webinar episode, we share insights from a variety of highly experienced content creators. Each panelist member provides their own unique spin on how to create great content that gets seen by the intended audience. By the completion of this episode, the audience member will have a clear and actionable plan on how to create outstanding content that meets their unique marketing needs.
Part of the webinar series: MARKETING TIPS FOR THE NEW (OR OLD!) BUSINESS OWNER 2022
See more at https://www.financialpoise.com/webinars/
CHAPTER 11 - INDUSTRY FOCUS 2022 - Focus on Oil and Gas Financial Poise
Although issues in oil and gas chapter 11 cases vary from case to case, there are, nonetheless, certain issues that tend to arise in most oil and gas cases. Among them: treatment of oil and gas leases, the payment of royalties, hedging agreements, and valuation. This webinar addresses such issues.
Part of the webinar series: CHAPTER 11 - INDUSTRY FOCUS 2022
See more at https://www.financialpoise.com/webinars/
BUSINESS LAW REVIEW- 2022: Selling a Business Financial Poise
A Startup is the Founders’ baby - they dream it, created it and worked tirelessly to make it successful. Deciding it may be time to sell all or part is the easy part - acknowledging and addressing the financial and emotional issues can be challenging.
Negotiating with potential buyers or investors is time intensive, to say the least. Positioning a business for a value maximizing transaction requires planning. What professionals need to be engaged? How do the parties come to a valuation? What is the profile of the likely investor or buyer? These are just some of the questions this webinar addresses.
Part of the webinar series: BUSINESS LAW REVIEW- 2022
See more at https://www.financialpoise.com/webinars/
BUSINESS LAW REVIEW- 2022: Immigration Law for Business-101Financial Poise
A basic understanding of immigration law is critical to a vast array of businesses operating in today’s economy. Foreign employees and their sponsoring companies will navigate a complex maze in the attempt to achieve the desired goals of the employee maximizing their ability to provide services and value to the company. One of various determining factors as to which pathway to attempt is whether the goal is an immigrant visa (also known as a “green card”) which may ultimately allow lawful permanent residence in the United States or a non-immigrant visa. The need for foreign labor affects various industries and applies to large segments of skilled, unskilled and semi-skilled workers in jobs ranging from farm to seasonal to high-tech. This webinar explains what businesses need to know in the current environment as well as how political and globalization issues will affect immigration laws going forward.
Part of the webinar series:
BUSINESS LAW REVIEW- 2022
See more at https://www.financialpoise.com/webinars/
NEWBIE LITIGATOR SCHOOL - Part I 2022: Working With Experts Financial Poise
Expert witnesses are an integral part of modern commercial litigation. They can be used for everything from calculating damages to explaining software workflows to establishing industry standards. This webinar begins with an exploration of the common types of cases that call for use of expert testimony. From there, we discuss the rules governing experts, including expert disclosures, discovery, and expert depositions. We also discuss the Daubert standard for excluding expert testimony, and discuss how a successful Daubert motion may be brought. This hour will help you figure out when and how to hire your own expert, and will give you some ideas on how to challenge your opponent’s expert when the time comes.
Part of the webinar series:
NEWBIE LITIGATOR SCHOOL - Part I 2022
See more at https://www.financialpoise.com/webinars/
Executive compensation continues its movement towards performance pay as the standard. Compensation structures and proxy disclosures are more and more complex. Investors and proxy advisors continue to increase influence on compensation issues. This webinar examines executive compensation, including equity-based compensation plans and executive employment and severance agreements. The importance of disclosure, alignment of risk, and metrics is also examined. Practical guidance on pay-for-performance and supplemental pay definitions is provided. The panelists discuss the effect of the Dodd-Frank Act on executive compensation, including SEC regulations. Exchange rules are compared to applicable federal law. Best practices regarding executive compensation committees and regulatory requirements for those committees are examined. Shareholder advisory groups promulgate executive compensation related advisory policies for their institutional shareholder clients annually and these policies are also discussed. Issues regarding board composition and leadership structure issues are discussed in relation to executive compensation.
Part of the webinar series:
CORPORATE REGULATORY COMPLIANCE BOOT CAMP 2022 - PART 2
See more at https://www.financialpoise.com/webinars/
CORPORATE REGULATORY COMPLIANCE BOOT CAMP 2022 - PART 2: Securities Law Comp...Financial Poise
The Securities and Exchange Commission has been entrusted with a significant corporate compliance regulatory function, which has been expanded by seminal legislation in the recent past such as the Sarbanes-Oxley (“SOX”) and Dodd-Frank Acts. This webinar discusses board fiduciary duties and the tension between state corporate law standards and federal law. Board composition, independence, structure and processes (including best practices in regard to committees) are analyzed. Specifically, director independence is discussed as is audit committees and related requirements, regulations and exemptions. NASDAQ and the NYSE also have similar requirements for director independence and those are also discussed. The webinar also covers disclosure matters related to SOX compliance, including timing and content of an issuer's periodic disclosures. Both the legal requirements and best practices related to disclosure procedures and internal controls under SOX are examined. Means of controlling the costs of SOX, especially for smaller public companies, are also discussed, including trends in the industry related to high regulatory compliance costs. Finally, the applicability and best practices for privately held companies and SOX are considered.
Part of the webinar series: CORPORATE REGULATORY COMPLIANCE BOOT CAMP 2022 - PART 2
See more at https://www.financialpoise.com/webinars/
Buying, selling, or merging a company typically follows a similar set of steps from deal to deal. The amount of time each step takes varies but the order of the steps is fairly uniform because the steps follow a certain logic: before the parties share meaningful information, they should sign a confidentiality agreement (a/k/a “non-disclosure agreement,” or “NDA”); once a baseline amount of information is known by the would-be buyer, it commonly presents a letter of intent or term sheet to the target or its owner, which serves as an outline for a deal but does not necessarily bind the parties to consummate the transaction; additional due diligence and the negotiation, drafting and signing of definitive documents comes next. The parties then obtain any needed regulatory and/or contractual third party approvals; followed by closing; and finally by post-closing tasks. This webinar will discuss all these steps from a macro perspective so that you can see the forest for the trees, but does not do a deep dive into any single topic. Think of this webinar as a road map or timeline for a typical deal.
Part of the webinar series:
M&A BOOT CAMP - 2022
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The US House of Representatives is deeply concerned by ongoing and pervasive acts of antisemitic
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2. 2
Practical and entertaining education for
attorneys, accountants, business owners and
executives, and investors.
3. Disclaimer
The material in this webinar is for informational purposes only. It should not be considered
legal, financial or other professional advice. You should consult with an attorney or other
appropriate professional to determine what may be best for your individual needs. While
Financial Poise™ takes reasonable steps to ensure that information it publishes is accurate,
Financial Poise™ makes no guaranty in this regard.
3
4.
5. Meet the Faculty
MODERATOR:
Max Stein - Boodell & Domanskis, LLC
PANELISTS:
Jessica Fishfeld - Greenberg Traurig
Adam Hirsch - Roetzel & Andress
Linda Leali - Linda Leali, P.A.
5
6. About This Webinar
Nuts & Bolts of Lost Profit Cases
Business does not always go as planned. When a vendor breaches their contract to supply
key parts, a lender reneges on their loan commitment, or a fire decimates a central
distribution facility, the impacted business may have grounds to seek compensation in the
form of the profits it would have earned had everything just gone smoothly. In order to
successfully win (or defend against) any such claim, one must compile and analyze certain
types of documents and information, understand and apply appropriate methodologies, and
present their case in a manner consistent with that which the court or trier of fact requires. In
this webinar, the expert panel discusses the circumstances that warrant lost profits claims,
key considerations for both the claimant and defendant, and how such claims will ultimately
be evaluated.
6
7. About This Series
Complex Financial Litigation
This webinar series focuses on the legal and financial realities that accompany unanticipated
adverse events, soured business relationships, and failing organizations. Whether you are a
general litigator, business owner, aspiring shareholder, or insurance claims analyst, this
webinar series will help you to understand and prioritize key concepts associated with
business breakups, shareholder disputes, claims for lost profits, and bankruptcy avoidance
actions.
Each Financial Poise Webinar is delivered in Plain English, understandable to investors, business owners, and
executives without much background in these areas, yet is of primary value to attorneys, accountants, and other
seasoned professionals. Each episode brings you into engaging, sometimes humorous, conversations designed to
entertain as it teaches. Each episode in the series is designed to be viewed independently of the other episodes so that
participants will enhance their knowledge of this area whether they attend one, some, or all episodes.
7
8. Episodes in this Series
#1: Common Issues and Strategies in Business Breakups
Premiere date: 2/24/21
#2: Nuts & Bolts of Lost Profit Cases
Premiere date: 3/24/21
#3: Resolving Shareholder Disputes
Premiere date: 4/21/21
#4: Defending Against Bankruptcy Avoidance Actions
Premiere date: 5/19/21
8
10. What Are Lost Profit?
• Revenues that would have been earned but for the wrongful act („but for‟ revenues)
LESS
• Incremental costs necessary to derive these revenues
EQUALS
• Lost Profits
10
11. What Are Lost Profit?
• Economic damages caused by disruption of a business.
• Causes:
Breach of contract
Liability due to accident or damage to property
Intellectual property infringement
12. What Are Lost Profit?
The factual or “but for” causation showing needed for recovery of lost profits damages -- as
with all damages -- requires a plaintiff to prove by a preponderance of the evidence that there
is „some reasonable connection between the act or omission of the defendant and the
damage which the plaintiff has suffered.‟
13. What Are Lost Profit?
• Profits must be shown to have been factually and legally caused by -- and a reasonably
foreseeable result of -- the defendant‟s wrongful conduct.
• Further, a plaintiff must prove his or her estimate of lost profits to a “reasonable
certainty,” establishing such damages through an adequate evidentiary foundation.
14. What is the Difference Between Lost Profits and Lost
Value?
• Lost Profits = Incremental profits the company would had have earned but for the
wrongful act
• Diminution in Value = The present value of lost profits over the life of the company
discounted at the appropriate risk adjusted rate of return
• How do you decide which analysis to utilize?
When lost profits extend over the life of the company
15. Standard for Proving Lost Profits
• Tort or Contract must have:
Causation - Some reasonable connection between the act or omission of the
defendant and the damage which the plaintiff has suffered.
Reasonable foreseeability – Lost profits must be shown to have been factually and
legally caused by the defendant‟s wrongful conduct.
Reasonable certainty - Establishing such damages through an adequate evidentiary
foundation; applies only to the fact of damages, not to the amount of damages
16. Evidentiary Support
• Informed opinion - Lost profits may be established by evidence of past experience or
expert testimony sufficient to quantify the extent of loss, either of which must be properly
supported by admissible evidence.
• Judgmental approximation - Plaintiff's owner provided evidence of the company's past
experience and lost profits; owner has substantial experience.
• Credible evidence – Industry averages, governmental information, official statistics, etc.
• IMPORTANT: Must determine how to get this non-company-specific data into evidence.
17. General Flow of Calculating Lost Profits
• Understand which lost profits damages model is appropriate
• Use evidentiary standards
• Calculate lost profits
• Develop the causal economic link between defendant‟s action (event) and the loss
• Select the period to examine
• Estimate the relevant lost revenues and associated costs
• Utilize assumptions that have reasonable certainty
18. What Evidence is Necessary?
• “The Company‟s profits would have been $XXX,XXX, based on…”
Examine financial statements for history
Demand for product
Consistent pricing trends over time
Industry trends over time
Competitive risk is low
Technology risk is low
Customer retention is constant/high
19. What Evidence is Necessary?
• “The risk the Company would NOT achieve $XXX,XXX in profits is very low, based on …”
Customer and product demand
Low risk of product/service obsolescence
Industry trends that support achievability
Backlog orders
20. What Evidence is Necessary?
• “The Company‟s profits are now only $X,XXX, due to …”
Customer cancellations of orders or contracts
Lost customer or documented market share
Lost productivity
21. What Evidence is Necessary?
• “The Defendant‟s actions are directly responsible for the loss in profits, based on …”
Customers lost as a direct result of the defendant‟s actions
o Cancellation documentation/letters
Inability to gain new customers
o Documentation of futile efforts
22. What Evidence is Necessary?
• “No other factors contributed the Company‟s ability to earn $XXX,XXX in profits, as
proved by …”
Industry stability
Economic stability
No new competitive entrants into market place
No new governmental or regulatory issues
23. Qualified Expert
• Must be a qualified expert, experienced in field (highly recommend credentialed
individual)
Accounting Professional (CPA)
Valuation expert (ASA, ABV, CFA)
Economist
• Must use proper methodology
• Must be objective
• Must have sufficient evidentiary support
25. Before and After Approach: Historical Damages with
Full Recovery
26. Before and After Approach
• Method
Estimate of lost profits based on the plaintiff‟s sales (and sales trends) before the
damaging event with a projection of sales (based on sales and sales trends) that
would have been achieved had the damaging act not occurred (“but for” sales)
reduced by incremental costs
Incremental costs: costs that rise and fall with sales; sales fall, have to deduct those
costs that decrease because of the sales fall
• When Appropriate
When reliable historical data exists
When growth trends are steady and predictable
In relatively stable economic environments
27. Before and After Approach
• Strengths
Relies on plaintiff‟s actual, historical financial results as basis for comparison to
estimated future results
Courts often favor financial projections based on past results
• Limitations
Requires sufficient historical data
May not account for industry changes that occur subsequent to damages date
28. Before and After Approach
Plaintiff Company - Sales
1998 1999 2000 2001
E
V
E
N
T
2002 2003 2004
Actual Sales $180,000 $219,000 $262,000 $317,000 $298,000 $295,000 $302,000
Actual Growth Rate 21.70% 19.60% 21.00% -6.00% -1.00% 2.40%
Assumed or But
For Growth Rate - - - - 21.0% 21.0% 21.0%
Projected Sales 380,400 460,240 556,890
Lost Sales - - - - ($82,400) ($165,240) ($254,890)
Total Lost Sales ($502,530)
29. Yardstick Approach
• Method
Estimate of the plaintiff‟s profits based on a yardstick – e.g., a comparable company,
division or industry benchmark - that is not affected by the damaging act
• When Appropriate
When a reliable yardstick exists
With newly established firms
Accounts for differences in time periods
When market conditions may have changed subsequent to the damages event date
31. Yardstick Approach
• Strengths
Can provide objective, reliable benchmark for estimating
Yardstick is independent of damaging act, but able to reflect its effects
Accounts for changes in the industry or market that may have occurred subsequent
to the damages event date
• Limitations
Lack of comparability between plaintiff and yardstick (e.g., size, sales channels)
Yardstick data may not be available
32. Sales Projection Approach
• Method
Utilizes company-specific forecasts the company has prepared in the ordinary
course of business or for some purpose other than the litigation
• When Appropriate
If plaintiff has prepared the documentation contemporaneously or prior to the
occurrence of the alleged harmful event
When projections have been historically reliable
When calculation is for expert who is not engaged by party who has made the
projections
If no other approach is reliable
34. Sales Projection Approach
• Strengths
May allow the expert to incorporate more easily the effects of other factors (beyond
the harmful act) that might increase or decrease the estimated economic damages
Can be very effective if used by expert for party opposing the party who made the
projection
• Limitations
Does not control for market events that may have occurred subsequent to the
damages event
Difficult to independently support the underlying foundation for the projections
Speculative or nothing more than a “wish list”
35. Market Share Approach
• Method
Calculates lost profits based on the difference between the plaintiff‟s “but-for” market
share and its market share after the damaging act.
• When Appropriate
When reliable market share data exists
When plaintiff company products/services fit within “market”
36. Market Share Approach
• Strengths
Can provide objective, reliable basis for estimating
Other companies in “market” are independent of damaging act
Accounts for changes in the industry during relevant period
• Limitations
Difficult to determine market share – lack of data, comparability
May be difficult to assess due to dynamic markets
37. Established Businesses
• Provides evidence of a successful past track record of business, along with evidence
establishing anticipated future net profits, offer the greatest likelihood of recovering lost
profits
• Use expert testimony based upon a solid evidentiary foundation addressing the
underlying economic data quantifying gross revenue and variable expenses
• May use outside or inside expert testimony
38. What About Recently Established or New
Businesses?
• Most states allow for recovery of lost profits for newly established business; however, the
level of scrutiny may be increased.
• The New Business Rule (NBR) applies to new businesses as well as new products.
However, despite the newness of a given company or enterprise, courts will allow
discovery on the lost profits question. The longer the parties‟ contractual relationship, the
less likely the NBR will defeat a lost profits claim.
• May use alternative forms of proof to establish lost profits, such as industry averages,
governmental standards
• Must still meet the “reasonable certainty” standard
39. What About Recently Established or New
Businesses?
• Actual Case example: There was a five-year relationship between the wall furnishings
manufacturer and designer wall furnishings as well as a multi-year history of contracts
the designer had with “big box” retailers . the court held it was premature to dismiss the
designer‟s counterclaim without allowing the designer to take oral and written discovery
to support the damages claim. Williamson Co. v. Ill-Eagle Enterprises, Ltd., 2015 WL
802250
• Damages for lost profits are confined to the period in which it would be reasonable to
replace the profits
40. What About Recently Established or New
Businesses?
• The longer the parties‟ contractual relationship, the less likely the New Business Rule will
defeat a lost profits claim
• E.g. Williamson Co. v. Ill-Eagle Enterprises, Ltd., 2015 WL 802250
• AICPA practice aid, “Attaining Reasonable Certainty in Economic Damage Calculations,”
includes an entire chapter (chapter 4) on proving damages for newly established
businesses.
41. Estimating Incremental Costs
• Costs should only be those costs related to the lost incremental revenues (“Avoidable or
incremental Costs”)
• Examples of Incremental Costs
Direct costs that change with amounts of sales (materials, commissions, royalties)
Other variable or semi-variable costs
o Salaries
o Infrastructure (rent, utilities)
42. Estimating Incremental Costs
• Examples of costs that should not be included
Corporate overhead
Other fixed costs (depreciation, amortization)
43. Defending Against an Action
• What defenses exist to a lost profit action?
• What can a party do to challenge the lost profits findings of an expert?
46. About The Faculty
Max Stein - MStein@boodlaw.com
Max Stein, a member of Boodell & Domanskis, LLC, is a business litigator focused on
meeting clients‟ business objectives, helping them resolve disputes at the most opportune
times. Max represents clients as both plaintiffs and defendants in a wide variety of forums.
Additionally, Max notes that one advantage of practicing at a smaller firm, is that he is able to
offer his clients high-quality, nimble representation at reasonable rates. To aid his clients in
achieving their business objectives, Max approaches cases as though they will go to trial,
utilizing his extensive trial experience. Max also counsels his clients, helping to identify and
navigate legal risks to achieve their business goals and protect their competitive interests
while managing and, where possible, avoiding the expense and uncertainty of litigation.
46
47. About The Faculty
Jessica Fishfeld - Jessica.fishfeld@gmail.com
Jessica Fishfeld is an associate in the litigation group at Greenberg Traurig in Miami, Florida.
She has vast experience litigating complex commercial disputes and advising clients on how to
diffuse commercial conflicts and avoid litigation. She has particular experience handling
disputes between commercial competitors, such as in matters involving allegations of breach of
contract, unfair trade practices, intellectual property infringement, trade secret misappropriation,
and other business torts. She also handles matters regarding data privacy and protection of
proprietary information and intellectual property. By the nature of her practice and experience,
she is very knowledgeable about complex technologies and the entertainment industry.
47
48. About The Faculty
Adam Hirsch - AHirsch@ralaw.com
Adam is Of Counsel with ROETZEL, Chicago and focuses his practice on commercial and
business litigation, representing a wide variety of clients ranging from individuals to small
business owners to large corporations. He has a particular focus on investment disputes and
business fraud claims, and has represented investors and investment companies as plaintiffs
and defendants in lawsuits around the country. He regularly writes and presents on current
issues relating to business fraud. Adam also has extensive experience litigating contract
disputes, and has argued and tried multi-million dollar contract issues before judges and
juries nationwide. He also has experience in advising clients in employment disputes relating
to matters such as separation, severance, and non-compete agreements.
Before joining ROETZEL, Adam was a partner at Robinson, Curley & Clayton and an
associate at Jenner & Block in Chicago, where his practice focused on complex business
litigation.
48
49. About The Faculty
Linda Leali - lleali@lealilaw.com
Linda Leali is the founding shareholder of Linda Leali P.A. Ms. Leali has extensive experience
and expertise with bankruptcy reorganizations, receiverships, debt restructuring and creditors‟
rights. She has been involved in some of the largest cases in U.S. history including the
bankruptcies of a Fortune 100 publicly traded energy producer, a publicly traded real estate
development company, large privately owned physician staffing company and automotive parts
manufacturer. Ms. Leali also regularly serves as a court-appointed receiver. She frequently
lectures to both attorneys and judges on both bankruptcy and receivership law.
To read more, go to https://www.financialpoise.com/webinar-faculty/linda-leali/
49
50. Questions or Comments?
If you have any questions about this webinar that you did not get to ask during the live
premiere, or if you are watching this webinar On Demand, please do not hesitate to email us
at info@financialpoise.com with any questions or comments you may have. Please include
the name of the webinar in your email and we will do our best to provide a timely response.
IMPORTANT NOTE: The material in this presentation is for general educational purposes
only. It has been prepared primarily for attorneys and accountants for use in the pursuit of
their continuing legal education and continuing professional education.
50
51. About Financial Poise
51
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