Electronic discovery: Federal Rules meet the 21st century
Most businesses create and retain information in some type of electronic format, which may include e-mails, spreadsheets, voice mails and accounting records. And all of this electronically stored information (ESI) could be relevant in a lawsuit. The federal judiciary’s Civil Rules Advisory Committee recently amended the Federal Rules of Civil Procedure (FRCP). The new rules, which took effect in December 2006 and govern ESI, provide litigants with a cost-effective, timely way to share data. This article looks at how valuation experts can help attorneys address such issues as potential sources of electronic data, control concerns, preferred formats for electronic documents, and ESI preservation and authentication. A sidebar outlines an 11-point checklist for authenticating electronic records.

For what it’s worth
The issue of owners’ compensation
One of the biggest expenses for private businesses is owners’ compensation. Value often is based on comparisons between a subject company and guideline companies. If owners are overcompensated compared with similar businesses, the subject company will be undervalued on a controlling basis — and vice versa — unless the valuator adjusts the company’s income stream. This article discusses the issues involved with owners’ compensation, including executive compensation in divorce cases, tax issues, the company’s industry and the general economy.

Identify a qualified appraiser with these questions
This article offers advice to help attorneys identify qualified valuation experts and facilitate questioning in deposition and at trial. It lists several points that can help determine whether an appraiser is qualified, including years of experience, percentage of time spent valuing businesses and professional business valuation credentials. The article suggests that obtaining clarification up front can help attorneys get the most from a valuator’s expertise and avoid costly mistakes.

What’s the valuation Rx for unhealthy companies?
The recession has taken its toll on many companies. Factors driving companies to the brink of bankruptcy include weak demand, scaled-back corporate budgets and rising commodity prices. This brief article discusses the warning signs of trouble, including late or missing financial records; deferred maintenance, repair and equipment updates; and sales of fixed assets to generate cash. It then points out how valuators can work with management to help distressed companies accurately project value in light of turnaround plans as well as determine liquidation value if needed.