Use of Reliable Method Does Not Assure Admissibility
LightLab Imaging, Inc. v. Axsun Technologies, Inc., 2014 Mass. LEXIS 585 (July 28, 2014) Readers may remember the Manpower case in which the 7th Circuit struck down the trial court’s decision to exclude expert testimony based on what it considered questionable data...
To Franchise or Not to Franchise?
Many Mainers are considering going into business for themselves. One of the things that must be decided is whether or not a franchise would be the right choice for these new business owners. Basically, a franchise gives the business owner the licensed right to use a...
Does Your Company Need a Retirement Plan?
It can be a complex process to create an effective retirement program that meets the needs of both you, as a small business owner, and your employees. There are business strategies involved, like how to motivate employees to stay at the business, but there are also...
Working Capital: A Potential Valuation Sleeper
When a business is being valued, sometimes working capital can be overlooked. It is important to remember, however, as it can have a material effect on value. Working capital is defined as the difference between a business’ current assets and current liabilities. If...
Tax Rules When Your Business Trip Involves a Passport
As a Maine-based small business owner, you might find yourself having to travel, abroad or within the United States. When traveling abroad, it may be tempting to take a couple of extra days to do some sightseeing. It’s important to remember that the tax rules for...
Valuation Combines Elements of Rival Experts’ Cash Flow Analyses
Browne v. Browne, Jr., 2014 Tenn. App. LEXIS 521 (Aug. 27, 2014) Another instance of “splitting the baby”? In a divorce proceeding, both experts used the capitalization of cash flow method but reached vastly different results in valuing the husband’s closely held...
Encourage Participation in Direct Deposit Payroll
For Maine-based small business owners, there are benefits of using direct deposit to pay employees. Some employees, however, may not fully trust banks, or want to have paper checks in their hands on payday. Some ways to increase participation, and therefore maximize...
Lack of Marketability Discount Requires Empirical Support
When a small business is having their company appraised, there are many different pieces that factor into the final figure. The discount for lack of marketability is a valuation adjustment that requires a particularly detailed process, and is often contested. An...
What Should You Expect in an Expert
When choosing financial expert for a litigation matter, recommendations from other attorneys or reputation along are often the deciding factor. But even if an expert is known as the best expert in their particular area, they may not be a good fit for every attorney....
Usurped Opportunity Case Justifies Use of Defendant’s Profits
St. Alphonsus Diversified Care, Inc. v. MRI Associates, LLP, 2014 Ida. LEXIS 200 (Aug. 4, 2014) A recent lost profits case that revolved around a hospital’s breach of a partnership agreement’s noncompete clause raises issues about the right measure of damages and...