Should The Elderly Be Paying More for Movie Tickets?

A recent article in Bloomberg BusinessWeek discussed how in contrast to past generations, American seniors currently make up one of the wealthiest segments of the US population. According to Bloomberg, a combination of strong saving habits (honed from having lived through the Great Depression) and advantageous timing (having come of working age just after WWII …

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The Multi-Faceted Explanation Behind the Current Drop in Gasoline Prices Across the US

With the national average for ’87 octane descending below $3 a gallon, American drivers are paying less at the pump than they have since the beginning of the Great Recession (in terms of seasonality price, the current average is the lowest since 2009, in terms of absolute pricing, an average gallon of gas hasn’t been …

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Whistleblower Program to Pay Big on Late Report from Overseas

The Securities and Exchange Commission (“SEC”) has announced that it will award over $30 million in its latest high profile payout to a whistleblower who provided key original information that led to a successful SEC enforcement action. The award is getting a lot of attention for a number of reasons. This $30 million amount is …

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Fraudulent Revenue Recognition Causes Rift at the SEC

A settlement agreement has been reached In the Matter of Lynn R. Blodgett, Adm. Proc. File No. 3-16045 (August 28, 2014), but without consensus on the part of the Securities Exchange Committee (“SEC”) as to the appropriate penalty. The underlying circumstances involve a financial fraud action against two executives at Affiliated Computer Services, Inc. (“ACS”), Lynn Blodget, …

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Performing a Valuation with Limited Information

A recent Appeals Court decision addressed what level of evidence is required to demonstrate business value in a divorce proceeding. In Hugh v. Hugh, 2014, the wife in a divorce proceeding filed a cross-appeal on a number of issues, including the trial court’s failure to value her husband’s business (“E-Tech”). The Appeals Court agreed that while …

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Three Strikes, Damages Out in Recent CA Class Certification

Jones v. ConAgra Foods, Inc. is a recent case that demonstrates the damages-based hurdles to obtaining class certification.  Despite Plaintiff’s presentation of three different damages models (“full refund,” “price premium,” and “regression”), Judge Charles R. Breyer concluded each failed to demonstrate class-wide damages. Because of this failure, Judge Breyer denied class certification. The case involved …

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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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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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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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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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