"When it happens to you, you'll know it's true." Old Proverb A financial expert witness experienced in the due diligence process and in complex business negotiations can help unlock the valuation issues at the core of many business disputes. Merger and acquisition-related lawsuits can become an exercise in piecing together both the timing and materiality of various communications by representatives from both parties. Analysis of the specific due diligence activities undertaken and the data exchanged can yield key answers. With a full understanding of the processes and communications developed in due diligence and underwriting, business disputes can be more readily resolved.
With the Federal Reserve's wide-ranging efforts to address the ongoing Credit Crisis through unprecedented money-creation activities, we are now likely witnessing the final phases of the U.S. Dollar's 64-year reign as the primary global reserve currency. Few Americans understand the implications of this dramatically unfolding global sea-change.
The global monetary system which was laid out by the Allied nations at Bretton Woods, New Hampshire, in 1944 is nearing its end, and daily we move closer to the threshold of a financial new world order. The United States, having created the most powerful economic system yet devised by man, and having earned global 'reserve currency status' for the US Dollar through America's unequalled military and economic power as the victor of two World Wars, is now nearing the unthinkable loss of the global financial dominance of the Dollar. Following the residential real estate 'Bubble' of 2002-2006, the sub-prime Credit Crisis of 2007, and the broader global financial meltdown which has followed, the U.S. has experienced dramatically declining levels of core lending & general economic activity.
There are few groups more reliable than the United States military. One could change all of their mottoes to "Again and again - no questions asked." Those who have served in the military have done so at a solid financial cost. Despite this, the years of the 1950s, 1960s and even into the 1970s were periods with high savings rates, rates that today appear almost unachievable. How did they save so much, seek to enjoy life so fully and raise another generation, the Baby Boomers?
Even with creative financing, accounting techniques and decreased profit margins, the American automobile industry appears unable to sustain itself and has suffered significant losses, especially in recent years. Given these realities, it would seem prudent to rely upon baseball and the one special feature they have enjoyed via compliments of a United States Supreme Court Decision in 1922, namely exemption under the Antitrust Laws, basically Sherman and Clayton Acts.
The Prudent Investor Act introduced new standards for investment performance. It de-emphasizes the importance of accounting income and instead measures a trustee's performance in terms of total return (income plus growth) to the trust portfolio.
Structured claim settlements have often been a preferred method of resolving serious bodily injury and workers' compensation claims. However, recent poor performance of the stock market and low interest rates have made some risk managers and financial officers question the current viability of such settlements
For almost thirty years, bank regulators have operated under the Too Big To Fail (TBTF) Doctrine, whereby insolvent large banks are treated differently than insolvent community banks by keeping the large banks open and closing the community banks. Now is the time to do away with TBTF once and for all
The lawsuit finance industry has experienced explosive growth over the past few years. When you look at the industry, you will find hundreds of companies that name lawsuit funding, litigation funding, legal finance, lawsuit finance or some variation of these descriptions as their core competency
Bankers are hearing horror stories about examiners’ demands and are confused as to how to plan for their next examination. What should they focus on? And will those things be the wrong things when the examiners come into their bank