Expert witness testimony

Litigation, regulation expected to add to forensic and valuation workload

Forensic and valuation CPAs expect increases in litigation and regulation to add to their workload and make it challenging to hire and keep qualified employees, according to a new AICPA survey. Attracting and retaining qualified staff led the list of top challenges over the next two to five years, identified

Handling of Litigation Contingency Disclosure Facing Greater SEC Scrutiny

The SEC appears to be increasing its scrutiny of compliance with financial statement disclosure rules regarding potential court losses. The heightened attention is intersecting with a three-decades-old treaty for lawyers and accountants forged by the AICPA and the American Bar Association. The JofA spoke with attorney Michael Young, chair of

Expert Testimony Guidelines for CPA Valuation Analysts

When giving expert testimony, CPA valuation analysts should be prepared to have their reports and testimony withstand the scrutiny of litigation and cross-examination. The following guidelines can help the valuation analyst prepare for potential vulnerabilities that opposing legal counsel may try to exploit. Check your resume. Opposing counsel typically investigates

Securities Class Action Filings Decline

Federal securities class action activity declined in the first half of 2009, according to a report released Monday by the Stanford Law School’s Securities Class Action Clearinghouse and Cornerstone Research. Eighty-seven federal securities class actions were filed in the first half of 2009, a 22.3% decline from the 112 filings

Privilege Claims Under Fire

Despite some legal setbacks, the IRS has signaled it will continue to press for a strict reading of the work product privilege that protects taxpayer documents from discovery. With Action on Decision 2007-004, the IRS said it will not acquiesce in the Sixth Circuit’s holding in U.S. v. Roxworthy that

Wading Into Litigation Support

EXECUTIVE SUMMARY CPAs can provide valuable services as litigation support consultants in lawsuits involving business damages. This analytical role allows CPAs to enter the litigation support business before taking on the greater challenge of being an expert witness. Before accepting an engagement, the CPA should ask the attorney for all

Highlights

HIGHLIGHTS With FASB affirming its implementation date for FIN 48, several organizations, including the AICPA and FASB itself, are producing educational materials or additional guidance to help issuers comply with its new requirements for recognizing and measuring tax assets and liabilities. FASB Interpretation no. 48, Accounting for Uncertainty in Income

Highlights

The PCAOB proposed a standard, An Audit of Internal Control Over Financial Reporting That Is Integrated With an Audit of Financial Statements, to replace PCAOB Audit Standard no. 2 (AS2). The proposal is designed to focus audits on the matters most significant to internal control, eliminate unnecessary procedures, simplify the

Highlights

HIGHLIGHTS The SEC enhanced the Internet-based search capability of its EDGAR database of company filings. Users now can search the contents of disclosure documents with a full-text search tool. The newly searchable information includes registration statements, annual and quarterly reports and other filings by companies and mutual funds during the

Collaborative Divorce: Better for Everyone

When it comes to divorce, emotions and the desire to be litigious often run high. The toll on a divorcing family is both emotional and financial—and it can be devastating to both children and parents. An alternative to litigation in family breakups is called “collaborative divorce,” a process begun by

Tips for Starting a BV Practice

Business valuation is not an area of accounting to be entered into lightly. Statistics show there are many litigation claims against CPAs in the valuation area, mostly due to a misunderstanding of what services the CPA was to perform as part of the engagement and the CPA’s lack of formal

Fraud: "Elementary, My Dear Watson"

The founder and chairman of the Association of Certified Fraud Examiners, Joseph Wells, wrote an insightful series, The Fraud Beat, for the JofA on the basics of fraud investigation in small businesses. “Sherlock Holmes, CPA,” ( www.aicpa.org/pubs/jofa/aug2003/wells.htm and www.aicpa.org/pubs/jofa/sep2003/wells.htm ) explains what it takes to gather evidence, interview witnesses and

BV Engagement Research

Gathering data is a key element of a business valuation analysis—and you must assemble enough to analyze your subject company from all sides. Client data. Once you’ve gathered the audits, the tax returns, the business descriptions and marketing materials, you will realize—with apologies to Joni Mitchell—that “you’ve looked at the

Discovery: Retrieving Electronic Documents

Electronic evidence often can provide vital information about the activities, motives and intent of individuals and businesses. Electronic documents thought to be deleted or lost by the user often can be recovered. In the case of electronic mail, casual and candid correspondence may be frozen in time. Additionally, the background

The BV/FLS Environment

The following articles highlight the diverse issues facing practitioners in the business valuation and forensic & litigation services (BV/FLS) areas. The wide range of topics—fair value, collaborative process in divorce and valuation, electronic discovery and fraud—underscore the complexity of this rapidly growing practice area.

A BV/FLS Profile

What is the primary focus of your practice? What is the size of your practice? Note : Multiple answers permitted. Source: December 2005 AICPA BV/FLS Membership Section survey. Practitioners can obtain guidance from many sources. The AICPA is currently developing valuation standards for its members; the other organizations already publish

Commitments to Private Equity

Note : Includes venture capital, LBO, mezzanine, turnaround and recapitalization-focused funds. Source: Thomson Venture Economics/National Venture Capital Association; Goldman Sachs for 2005 buyout data. Determining fair value requires managers to exercise judgment. While each manager’s judgment may result in different but supportable views on valuation, using common guidelines consistent with

The Valuation Landscape

Business valuation is a relatively new discipline. Financial valuation—the process of determining the value of a financial asset or liability—belonged first to those on Wall Street who focused on trading securities; the concept of business valuation, or valuing private companies, arrived on Main Street about 25 years ago by entering

A Fast-Moving Practice Niche

Business valuation (BV) and forensic & litigation services (FLS) are the fastest-growing niche markets in the CPA profession. This special section highlights these niche practices and the issues practitioners are facing. CPAs looking for additional technical and practice management guidance on BV and FLS topics also can visit the AICPA’s

Alternative Routes to the ABV

In just a few short years “CPA/ABV” has become synonymous with competent, credible valuation service. The market recognizes practitioners with the credential as leaders in the valuation community. The AICPA’s new ABV Sponsor Program allows CPAs to obtain the ABV credential without taking the ABV examination. The CPA must be

SPONSORED REPORT

How to make the most of a negotiation

Negotiators are made, not born. In this sponsored report, we cover strategies and tactics to help you head into 2017 ready to take on business deals, salary discussions and more.

VIDEO

Will the Affordable Care Act be repealed?

The results of the 2016 presidential election are likely to have a big impact on federal tax policy in the coming years. Eddie Adkins, CPA, a partner in the Washington National Tax Office at Grant Thornton, discusses what parts of the ACA might survive the repeal of most of the law.

QUIZ

News quiz: Scam email plagues tax professionals—again

Even as the IRS reported on success in reducing tax return identity theft in the 2016 season, the Service also warned tax professionals about yet another email phishing scam. See how much you know about recent news with this short quiz.