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Blog Posts in 2016

Right of Publicity (Name and Likeness)

The intellectual property called Right of Publicity (RP), is also known as "Name and Likeness" "Persona," and "Personality Rights." Any and all of these terms encompass ...
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Latest IRS Tactic - Minority Premium Model

In the last two years, we have confronted the IRS on their application of a Minority Premium Model (MPM). It is being used to minimize discounts for tenant-in-common interests in excess of 50% of an ...
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Assessing IP Damages - Current Litigation Environment

Based upon a Federal Circuit Court of Appeals ruling, damage experts can no longer rely on a "25% rule of thumb" to support a reasonable royalty rate. This 25% rule had been accepted by ...
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IP Value on Financial Statements

If a company did not acquire its IP, and only developed it internally, the Balance Sheet will not reflect any IP amount. While some discussion has surfaced within the Financial Accounting Standards ...
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Startup "Valuation"

How do you establish a valuation for a new or startup company? The more common approaches follow. The owner(s) sets the value based upon his prior experience with similar companies. The initial ...
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Why Pay for a Supportable 409A Valuation?

What is 409A and why this Internal Revenue Code Section require a valuation? 409A does not actually state that an independent valuation of a common share of the company is necessary. However, it does ...
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Right of Publicity

In the last several years, the deaths of some very famous singers/song writers – Michael Jackson, David Bowie and Prince, to name a few – has brought to the "public light" the ...
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Internal Rate of Return

The Internal Rate of Return (IRR) is a much referenced metric yet, often misunderstood concept. The IRR measures the profitability of potential investments. It is the discount rate that converts the ...
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Business Valuation: What's it Worth?

Not every business needs to hire a professional business valuator. For small firms with less than $1 million of SDE (Seller's Discretionary Earnings) certain rules of thumb may be applied. For ...
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What's Hot, What's Not

What's Hot in our world of services is cost segregation, real estate appraisal, and valuations for partner disputes, issuing options, investment in IP, physicians practices (for sale or merger), ...
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Litigation: Business Value v. Lost Profits

There are substantial differences between the assignment to calculate lost profits and the valuation of a business as of a fixed date. The fundamental objective of a business valuation is to determine ...
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