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As discussed last month, there are various reasons why valuation services are employed, including litigation, transactions, compliance-oriented and planning-oriented engagements. Likewise, there are two types of engagements:
The Basics
Valuations must be based on what was known or knowable, or was reasonably anticipated, at the valuation date. Subsequent events (i.e., conditions that were not known or knowable and/or events that arose subsequent to the valuation date) can be disclosed in the valuation report but are not foundational as to the opinion expressed. SSVS-1 paragraph 43 and IBA paragraph V.C.1.(12) state that in circumstances where events may be of such nature and significance that disclosure of such events may be warranted for informational purposes only, the events do not affect the determination of value at the valuation date. USPAP Statement 3 addresses retrospective appraisals and allows for data subsequent to the effective date to be considered as a confirmation of trends that would reasonably be considered by a buyer or seller as of that date.
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.