The Amazing Court Reporters

I have testified at dozens of depositions and always had a court reporter present to transcribe my testimony. In my earlier days of testifying in a courtroom, a court reporter was always present. Today, court reporters in the courtroom are a rare sight. The courtrooms in Maricopa County Arizona Superior Court, for example, generally use …

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Life Expectancy – Best and Worst States to Live In

If I am preparing a report on lost earnings in a wrongful death litigation matter, I will need to know what the expected remaining life would have been for the deceased subject involved with the lost earnings claim. I will use authoritative tables from government and private research sources to make the life expectancy determination. …

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A Time to Reflect

We just rang in the New Year, 2015, and it is now a time for reflection on 2014. First and foremost, I wish to thank all the clients we served during the past year. Henry & Horne ’s Business Valuation and Litigation Support Services Group (H&H BV/LS Group) provided forensic, valuation and litigation services to …

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Use of a Calculation Report in the Court Room

Per the AICPA Statement on Standards for Valuation Services #1 (SSVS #1), a valuation analyst may complete a calculation engagement for which he/she would submit a calculation report. A calculation engagement is much more limited in scope than a valuation engagement. A valuation engagement is performed for the purpose of expressing an opinion of value …

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Getting Clarity in Buy-Sell Agreements

Any business with multiple owners should have a buy-sell agreement in place.  Buy-sell agreements are entered into between the co-owners of a business to direct what should happen when an owner leaves the company.  A typical agreement covers such issues as who can buy the ownership interest, what triggers a buyout, what price will be …

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The Role of the Expert Witness: Advocacy vs. Objectivity

Being a business valuator/expert witness often places the practitioner in the precarious position of deciding whether to be an advocate for their client’s position or an objective professional whose job it may be to not necessarily please the client. After many years of practice, it is very difficult for the practitioner to separate his or her …

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Reducing Client Costs in Civil Litigation

Prohibitive costs and excessive delays risk failure of the civil justice system to provide parties with a speedy, inexpensive and just determination in civil actions, goals set forth in Rule One of the Federal Rules of Civil Procedure and most state rules. The Forensic and Valuation Services (FVS) Executive Committee of the American Institute of …

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Arizona Law Changes Regarding Prejudgment Interest

When we perform calculations of economic damages for litigation purposes, there is often a component of past business loss or other type of historical economic loss.  Most experts will bring those historical losses to present value terms, using a prejudgment rate of return to make the injured party whole for past damages.  Although there are …

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