Tax Considerations of Qualified Settlement Funds
Qualified Settlement Funds (QSFs), which can be an LLC or a Trust, are the unsung heroes of many legal settlements, offering significant potential tax advantages for both plaintiff parties and defendants. QSFs have an interesting history rooted in tax legislation and the need for more efficient handling of complex legal settlements. Over time, the use […]
Refuting Criminal Intent in Business Fraud Cases
Criminal intent can make or break a business fraud case. Yes, intent can be hard to prove, but it’s also difficult to refute when every arrow seems to point to one person, often the business owner. The case surrounding Theranos Founder Elizabeth Holmes is an example. “Holmes was found guilty on some charges but not […]
Litigation Financing Rises Alongside Economic Worries
Litigation financing has come a long way since being considered a bizarre bankrolling tool in cases like Hulk Hogan’s lawsuit against Gawker Media in 2016. In fact, the potential for ligation financing may only just be starting to take shape, particularly during times of economic uncertainty. “Having proven that it can grow through an economic […]
Proving Business Losses in Texas Courts
Business loss claims pop up in most commercial litigations. Contract disputes, business torts, and antitrust complaints are some of the most prevalent. There are several ways to claim business losses—some are still quite novel. For example, Ukrainian businesses are seeking avenues in which to hold Russia accountable for lost profits caused by Russia’s invasion of […]
Forensic Accounting Versus Business Valuation
If you rely solely on business valuation in litigation and business deals, you could be missing a critical piece of the puzzle. Forensic accounting can fill in the gaps and reveal a clearer picture. We love how ValuePointe.biz™ Principal and Manager Dwight A. Ensley explains it: “Sometimes clients believe that the business valuator is also […]
When Business Matters Are Settled in Family Court
There are business disputes, and then there are family business disputes. This one-word difference can lead to a world of legal complications. Conflicts in a family business can instantly turn a business court case into a family court case. Take the classic case of divorce. Sometimes the divorcing spouses run the business together, or one […]
Divorce Gets Costly for Business Owners in 2021
The pandemic has complicated divorces. The number of official splits declined in 2020, likely for practical reasons. By now we’re seeing a sharp increase, and these divorces are among couples with conflict simmering much longer than usual. Entrepreneurs (and their legal representation) beware: these types of divorces can be disastrous for a small business. Bill […]
Nearly Half of Financial Expert Witness Testimonies Are Thrown Out
PwC (formerly known as PricewaterhouseCoopers) recently released findings of a 20-year study on Daubert challenges affecting financial expert witness testimonies. About 45% of financial expert witness testimonies have been excluded or partially excluded under the current standards, with accountants and CPAs being among the most frequently challenged financial experts. How do you ensure your financial […]
Law Firms: More Changes in Partnership Tax Forms Ahead
Have you seen the newly redesigned partnership tax form? The IRS would like taxpayer input on it before releasing it in 2021. According to the IRS, the proposed form is designed to provide greater clarity for partners on how to compute their U.S. income tax liability with respect to items of international tax relevance, including […]
3 Tips for Remote Expert Witness Depositions
The COVID-19 pandemic has brought remote depositions to the forefront and opened the door for more flexibility throughout Texas and the country. And not a moment too soon. The current climate has also strained closely held businesses—some to the breaking point. Litigation surrounding business damages, bankruptcy, and tax issues (yes, the IRS is still going […]