Aug 27

Lack of Receipts Sinks Class Action Certification

The Northern District of California recently denied class certification related to claims of improper marketing and advertising of Fresh Step cat litter (In Re Clorox Consumer Litigation, Case No. 12-00280-SC (N.D. Cal. July 28, 2014) (ECF No. 129)). One of the reasons was a failure to establish a class that was sufficiently ascertainable, as plaintiffs …

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Permanent link to this article: http://betweenthenumbers.net/2014/08/lack-of-receipts-sinks-class-action-certification/

Jul 18

Over $100 Billion In Improper Federal Payments Occur Each Year

The U.S. Government Accountability Office (“GAO”)  testified before Congress to describe the breakdown of over $100 billion of improper federal payments in 2013.  Such errors included tax credits for those not entitled to them, unnecessary Medicare payments, and unemployment benefits for “under the table” workers, among others.  Shockingly, these types of monumental errors are generally repetitive and …

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Permanent link to this article: http://betweenthenumbers.net/2014/07/over-100-billion-in-improper-federal-payments-occur-each-year/

Jul 14

Audit Re-do Required Because of Inappropriate Relationship

Ernst & Young (E&Y) audits of Ventas, a real estate investment trust (REIT) in the healthcare sector, will have to be redone for the years ended December 31, 2012 and 2013, along with a review for the quarter ended March 31, 2014.  This unfortunate and costly required effort results from E&Y’s determination that the work …

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Permanent link to this article: http://betweenthenumbers.net/2014/07/audit-re-do-required-because-of-inappropriate-relationship/

Jul 11

Internal Control Failings At The IRS

The U.S. Government Accountability Office (“GAO”) recently issued “Management Report: Improvements Are Needed to Enhance the Internal Revenue Service’s Internal Controls”, describing how the Internal Revenue Service (“IRS”) continues to have internal control deficiencies, both new and old. The purpose of the report is to present internal control deficiencies identified during the GAO’s audit of …

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Permanent link to this article: http://betweenthenumbers.net/2014/07/internal-control-failings-at-the-irs/

Jul 09

Daubert Provides For Liberal Admission Of Expert Testimony

The 8th Circuit Court of Appeals has reversed a district court decision to grant summary judgment based on excluding three plaintiff experts regarding causation.  While the district court ruled the experts did not reliably exclude alternative causes of injury and therefore their testimony was inadmissible under Daubert, the Court of Appeals concluded that this was …

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Permanent link to this article: http://betweenthenumbers.net/2014/07/daubert-provides-for-liberal-admission-of-expert-testimony/

Jun 25

Ninth Circuit Issues Reminder on Daubert: Trial Court Is A Gatekeeper, Not A Fact Finder

In a recent case involving the City of Pomona (“Pomona”) v. SQM North America Corporation (“SQM”), Pomona alleged that SQM’s importation of sodium nitrate for fertilizer caused a perchlorate contamination in the city.  Although the district court excluded under Daubert the expert testimony of Pomona’s expert witness on causation, the Ninth Circuit reversed the ruling, …

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Permanent link to this article: http://betweenthenumbers.net/2014/06/ninth-circuit-issues-reminder-on-daubert-trial-court-is-a-gatekeeper-not-a-fact-finder/

Jun 20

New Rules Aimed At Increasing Auditor Scrutiny Of Critical Fraud Areas

With its new audit standards and amendments aimed at specific transaction types, the Public Company Accounting Oversight Board (“PCAOB”) has targeted three critical areas in its ongoing efforts to combat financial reporting fraud.  A more comprehensive article found here describes the new rules to heighten auditor scrutiny regarding (i) related-party deals, (ii) significant unusual transactions, …

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Permanent link to this article: http://betweenthenumbers.net/2014/06/new-rules-aimed-at-increasing-auditor-scrutiny-of-critical-fraud-areas/

Jun 18

Washington Redskins Trademark in Flux

The Washington Redskins’ trademark registration has been cancelled by the Patent and Trademark Office (“PTO”) after petition by members of the Navajo Nation, Paiute Indian Tribe of Utah, Kiowa Tribe of Oklahoma and Muscogee Nation of Florida.  The PTO found that the Redskins’ six registrations were obtained contrary to Section 2(a), 15 U.S.C 1052(a), which …

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Permanent link to this article: http://betweenthenumbers.net/2014/06/washington-redskins-trademark-in-flux/

Jun 16

Better Accounting Controls Would Likely Have Prevented Inventory Fraud at Jewelry Company

The Securities and Exchange Commission (“SEC”) filed a claim stating that DGSE Companies Inc. (“DGSE”) and its former chief financial officer (“CFO”) engaged in accounting fraud by manipulating inventory accounts.  DGSE transacts in jewelry, diamonds, fine watches, rare coins, precious metals and other collectibles and valuables.  DGSE’s CFO allegedly made numerous false accounting entries that …

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Permanent link to this article: http://betweenthenumbers.net/2014/06/better-accounting-controls-would-likely-have-prevented-inventory-fraud-at-jewelry-company/

Jun 12

First Circuit Disallows Event Study Which Fails to Connect to Key Events

An event study provides the basis for identifying movements that can attributed to specific events and illustrate how the public markets react (or fails to react) to a specific event.  Identifying and measuring such activity can substantiate (or counter) a claim for economic damages. In Bricklayers & Trowel Trades Int’l Pension Fund v. Credit Suisse …

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Permanent link to this article: http://betweenthenumbers.net/2014/06/first-circuit-disallows-event-study-which-fails-to-connect-to-key-events/

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