District Court Rules ‘Decisively’ Against the DOL in an ESOP Overvaluation Case
Walsh v. Bowers Defendants Brian Bowers and Dexter Kubota owned all the stock in an engineering firm, Bowers & Kubota Consulting Inc. They created an ESOP to which they sold all of their stock for $40 million. The government sued, alleging that they had violated...
Due Diligence Considerations when Buying a Business
Buyers of businesses generally prefer to arrange for an asset purchase transaction instead of purchasing an ownership interest in the target business entity. Why? The primary reason is to avoid exposure to liabilities — both known and unknown — related to the business...
Turn Customer Complaints Into Value-Building Opportunities
Have your customers been complaining about such issues as service disruptions, back-ordered products, unreturned phone calls, curtailed business hours, and unexpected price increases? Thanks to labor shortages, rising costs, and supply chain disruptions for many...
Take Advantage of Tax Breaks for Small Businesses
If you own a small or medium-sized business, it may be eligible for significant tax breaks that aren't available for larger entities. Here are three examples to consider as you file your tax return for 2021 and plan for 2022. QBI Deduction The qualified business...
8 New Year’s Resolutions for Small Business Owners
Have you compiled a list of New Year's resolutions for your small business in 2022? Resolutions don't have to be limited to your personal life. Consider how you can improve your role as a small business owner in the upcoming year. Of course, everyone's list will be...
Malpractice Insurer Not Required to Defend Valuation Firm for Claim Alleging Securities Fraud
Great Am. Fid. Ins. Co. v. Stout Risius Ross, Inc. In this suit, the defendant (Stout) was initially sued over its valuation of the stock of a paper company in connection with the ESOP for that company. Stout demanded coverage for that suit from its malpractice...
Are You Ready for Possible State Minimum Wage Increases?
Many employers have been raising wages substantially to maintain operations in today’s tight labor market. That's most evident in the leisure and hospitality sector, where average hourly wages rose 12% for the year ending October 2021. For many organizations, getting...
New Benefits Study: How to Fill Risky Gaps in Coverage, Knowledge
Employers and employees may not see eye-to-eye on many topics, including the adequacy of their paychecks. When it comes to wages and salaries, the amounts are relatively cut-and-dried. However, the value of contingent compensation elements — such as health benefits —...
Feast on Bigger Tax Deductions for Business Meals
Uncle Sam is helping to pick up the tab for certain business meals in 2021 and 2022. Under a Consolidated Appropriations Act (CAA) provision, the usual tax deductions for 50% of the cost of business meals is doubled to 100% for food and beverages provided by...
Property Transfer Was Not Fraudulent Because Debtor Was Not Insolvent
Yaquinto v. Thompson St. Capital Partners “As part of a refinancing transaction in 2014, Stone Panels Inc. (SPI) and Stone Panels Holding Corp. (Holding) jointly borrowed roughly $14 million that was immediately transferred to Thompson Street Capital Partners III, LP...









