Litigation Support

Detecting Fraud in Bankruptcy Proceedings by Richard A. Pollack, CPA

Posted on July 20, 2021 by Richard Pollack

According to the Administrative Office of the U.S. Courts, the total number of bankruptcy filings in 2020 decreased nearly 30 percent from the prior year, despite the impact of the COVID-19 pandemic. By contrast, the total number of Chapter 11 reorganization filings during the same period increased 18.7 percent from 2019, while the number of […]

6 Ways Attorneys Can Ruin a Computer Forensic Case by Martin Prinsloo, CFE, CISA, CITP, CFF; and Gabriel Campos

Posted on June 20, 2019 by Martin Prinsloo

This article originally appeared in Daily Business Review. Many disputes have been decided based on digital data collected and recovered from computers and cellular phones. In today’s always-on, always-connected environment, there is very little business or personal information that cannot be traced back to an electronic device, an application or a cloud-storage platform. In this […]

Forensic Interview Techniques are Key to Uncovering Financial Crimes by Richard A. Pollack, CPA

Posted on June 08, 2017 by Richard Pollack

This article originally appeared in Daily Business Review. Attorneys involved in forensic investigations are well-versed in the finer points of gathering information and conducting interviews that can uncover the truth from the most reluctant and guarded sources. Careful preparation and planning goes a long way toward building trust and rapport with interviewees, recognizing their verbal […]

Florida Bar Rejects Daubert Standard of Expert Testimony by Richard A. Pollack and Scott Bouchner

Posted on December 16, 2015 by Richard Pollack

In December, the Florida Bar challenged the 2013 legislative adoption of the Daubert standard governing the admissibility of expert testimony in cases involving lost damages. In a vote of 33-9, the Florida Bar board of governors rejected the strict Daubert standard used by Federal courts and 27 states in favor of the Frye standard of expert testimony that was […]

Mitigation: The Often Overlooked Component of Lost Profits Litigation by Scott Bouchner, CMA, CVA, CFE, CIRA

Posted on February 26, 2015 by Scott Bouchner

Mitigation in lost profit cases involving torts and contract disputes refers to the principal that an injured party must make reasonable effort to avoid or minimize the losses it suffered in order to recover monetary damages. Contrary to popular belief, the law does not place on plaintiffs a “duty to mitigate” in order to establish […]

Sale of Litigation Rights in Real Estate Transaction is Capital Gain by Arthur Lieberman

Posted on December 23, 2014 by Art Lieberman

In overturning a Tax Court decision, the Court of Appeals for the 11th Circuit recently held that a real estate developer who sold his rights as a plaintiff in a suit against a party who backed out of a contract to sell land to the developer had capital gains from the sale. In its […]

Is Your Loan in Violation of State Usury Laws? by By Joel Glick, CPA/CFF, CFE

Posted on October 06, 2014 by Joel Glick

The mention of usury often brings to mind predatory payday lenders and loan sharks. However, the practice of charging an excessive rate of interest often occurs in traditional financial transactions as well. Frequently, it is an unintended consequence of either or both parties failing to understand the nuances of state laws and lacking the skill […]

The Dynamics of Fixed and Variable Costs when Calculating Lost Profit Damages by Adam J. Lang, CPA/CFF, CFE

Posted on September 30, 2014

A plaintiff filing suit to recover lost profits resulting from a defendant’s wrongful action must estimate with reasonable certainty the amount of the loss caused by the defendant’s misconduct. When calculating lost profits, the damages expert establishes an amount of lost revenues and then determines the costs that should be deducted from that amount. Despite […]

Law Firms Have Help to Comply with The Florida Bar’s Written Trust Account Plans Rule by Richard S. Fechter, JD, CAMS

Posted on September 02, 2014 by Richard Fechter

Law firms that hold funds in trust for clients and other parties in connection with legal representation have new a new level of checks and balances to contend with in upholding their fiduciary responsibilities. Specifically, effective June 1, all law firms in Florida with more than one lawyer must have in place up-to-date written plans […]

Florida Bar Now Requires Firms to Have Written Trust Account Plans by Richard Pollack

Posted on May 13, 2014 by Richard Pollack

Effective June 1, 2014, all Florida law firms employing more than one lawyer must have in place written plans for each of the trust accounts they manage. The Florida Supreme Court adopted this amendment to Florida Bar Rule 5 – 1.2 (c) in late March of this year, leaving law firms with little time to […]

Category: Litigation Support