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 …
Permanent link to this article: https://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, …
Permanent link to this article: https://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, …
Permanent link to this article: https://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 …
Permanent link to this article: https://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 …
Permanent link to this article: https://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 …
Permanent link to this article: https://betweenthenumbers.net/2014/06/first-circuit-disallows-event-study-which-fails-to-connect-to-key-events/
Jun 10
New standard for revenue recognition
The newly converged standard for revenue recognition has arrived. Both ASU 2014-09 (issued by FASB) and IFRS 15 (issued by IASB) are entitled “Revenue from Contracts with Customers”. They represents a principles-based framework that is effective for revenue-generating public entities with reporting periods after December 15, 2016. Private entities will have an additional year to …
Permanent link to this article: https://betweenthenumbers.net/2014/06/new-standard-for-revenue-recognition/
May 15
Spring Break Turns Sour for Investor
In the matter of Division Entertainments, LLC and Wicks Walker v. Spring Breakers LLC and Muse Productions, Inc. et al., Mr. Walker asserts that he was denied a return of his investment, along with an additional profit, because of Defendants’ breach of contract via improper business practices and faulty accounting. Mr. Walker, a technology entrepreneur …
Permanent link to this article: https://betweenthenumbers.net/2014/05/spring-break-turns-sour-for-investor/
May 14
New Federal Option to Fight Trade Secret Theft
A bipartisan bill by U.S. Senators Chris Coons and Orrin Hatch called the Defend Trade Secrets Act was recently introduced to build on the Economic Espionage Act of 1996 and create a federal private right-of-action for theft of corporate trade secrets, providing the same federal protections available for patents, trademarks, and copyrights. The bill’s sponsors estimate …
Permanent link to this article: https://betweenthenumbers.net/2014/05/new-federal-option-to-fight-trade-secret-theft/
Apr 21
IRS Audits Heavily Target Corporations Over Partnerships
The Government Accountability Office recently released a study on the subject of “Large Partnerships: Characteristics of Population and IRS Audits”. This study tracked IRS activity related to such “large partnerships”, which the IRS defined as those that reported having 100 or more direct partners and $100 million or more in assets. The number of large partnerships …
Permanent link to this article: https://betweenthenumbers.net/2014/04/irs-audits-heavily-target-corporations-over-partnerships/