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  • January 3, 2024

    How to Value: Machine Shops

    Industry Description The machine shop services industry turns raw materials into specified shapes and sizes using tools such as lathes, milling machines, grinders and drill presses (NAICS 332710). Also included are plastic and composite materials fabricated through machining. The following are some basic characteristics of the machine shop services industry: Industry Trends The industry is…

  • December 15, 2023

    The Corporate Transparency Act

    What is the Corporate Transparency Act?  Passed, in 2021, the Corporate Transparency Act creates new reporting requirements for companies regarding their “Beneficial Owners”, the individuals who directly or indirectly own or control the company.  For most companies, this will be simple.  For other companies, such as those that have many owners or officers, have a…

  • December 5, 2023

    Determining Reasonable Executive Compensation

    Background For a wide variety of purposes, including business valuation, assessing minority shareholder claims, and the assessment of payroll and income taxes, it is necessary to consider the reasonableness of executive compensation.  This is particularly true when the executive is also the controlling person of the business paying the compensation.  Valuation analysists do this as…

  • October 13, 2023

    How to Value: Food Service Contractors

    Industry Description The food service contractors industry provides food services at institutional, governmental, commercial, or industrial locations (NAICS 722300). Locations where food services are provided include airports, food courts, sports venues, and college and university cafeterias. The following are some basic characteristics of the food service contractors industry: Industry Trends The food service contractors industry…

  • October 11, 2023

    Reduce personal injury and wrongful death damages by 50% in one easy step

    Consider someone permanently injured or killed in their early 30s that: Undiscounted, that is $4.0 million in damages.  Using the “risk-free” rates of today (some of the highest that have been seen in 20+ years), results in a damage payout of approximately $2.8 million.  If you instead assume the “risk-free” rates will not stay at…

  • June 19, 2023

    How to Value: Clothing Stores

    Industry Description The clothing stores industry retails new clothing for all genders and age groups (NAICS 4481).  Retailed clothing includes men (448110), women (448120), children and infants (448130), family (448140), accessories (448150) and many other categories and segments (448190).  The industry also includes basic alterations services, such as hemming, adding or removing seams, and lengthening…

  • June 16, 2023

    The Basics of Duty to Mitigate

    Many types of commercial litigation include the duty to mitigate.  The duty to mitigate is an affirmative duty: a plaintiff must make reasonable efforts to reduce their losses.  When a plaintiff does not, then their damages are reduced under the assumption they had taken reasonable efforts to reduce their losses, or they are excluded from…

  • June 7, 2023

    Producing QuickBooks Online is Easy

    If opposing counsel is claiming that producing QuickBooks Online accounting records cannot be done, or doing so would be difficult and overly burdensome, it is not.  Producing a QuickBooks Online for litigation can be done in a few short minutes.  There is no need to make any changes or modifications to the file, the company’s…

  • June 6, 2023

    How to Value: Car Washes & Auto Detailing

    Industry Description The car washes & auto detailing industry cleans, washes and waxes automobiles, such as cars, trucks, vans and trailers (NAICS 811190). This industry also includes self-service car wash establishments. The industry does not include automotive repair or maintenance services, which are the subject of other valuation guides. The following are some basic characteristics…

  • June 1, 2023

    The Basics of Lost Profits

    Lost profits is a form of compensatory damages, and a potential remedy in most commercial litigation cases including breach of contract, business interruption, theft of trade secrets, and most business torts. Lost profits seek to compensate plaintiff with the benefits they were denied due to alleged wrongdoing.  At the highest level, lost profits are the difference…

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