A quick summary of what Wayfair could mean for sponsors and their portfolio companies.

Statistical sampling can be successfully used in a variety of litigation matters. However, expert opinions seeking to extrapolate results beyond the units tested must apply a reliable statistical methodology.

In the world of claims for lost profits, the concept of but-for is key. On face, it’s simple. The term means that when you set out to calculate economic damages, you begin by comparing what actually did happen to what would have happened -- but for an event, circumstance or condition. Once you define these two scenarios -- what might have occurred vs. what did -- you can calculate losses. In a perfect world, it’s a straightforward concept and calculation.

Alvarez & Marsal (A&M) Valuation Services Managing Director Aryeh Sheinbein participated in a roundtable discussion produced by Private Funds Management in New York. Mr. Sheinbein along with other practitioners and two general partners met to discuss predictions and trends in the private equity valuation process.

From January 1st, 2019, a new Practice Direction intended to reform various aspects of the document disclosure process will run in the Business and Property Courts of England and Wales. This two-year Disclosure Pilot Scheme (DPS) redefines disclosure duties and introduces five extended disclosure models.

A&M's Joe Berardino and Pamit Surana took part in three panel discussions at Skytop Strategies’ 2019 shareholder activism conference.

“You can’t change the past.” We don’t know who owns the copyright to that saying. But most of us have probably infringed on that intangible property (IP) right numerous times, and a quick Google search will expose dozens of famous people for that same transgression. If nothing else, this belief (whether copyrighted or not) seems to be universally accepted.

A chapter 11 debtor’s executives might find little motivation to remain employed at a company as annual bonus plans become compromised and long-term incentive vehicles (e.g., stock options, restricted stock) become virtually worthless.

Co-Founder and CEO Bryan Marsal was recently interviewed in Global Turnaround’s January 2019 magazine, prospecting the U.S. restructuring market in the new year. 

This paper discusses United Western Bancorp in depth since it represents the most current thinking by the courts as to how these cases should be analyzed. It also attempts to make some sense of the rules and cases, which can be inconsistent or vary based on fine distinctions.

When there is disagreement over the activist’s demands, there are good reasons for companies to examine their board-level decision making and oversight through an activist lens.

Read this article to discover how transaction analytics helps turn customer data into actionable business insights.

Use of big data analytics in procurement can provide actionable insight that can help detect, prevent and predict fraud.

Our A&M tool and methodology converts the standard general ledger output into a new set of consumption-based metrics and then manages the joint 20-plus percent cost reduction within departments. In addition to our tools and methodologies, this requires a cultural change that our Change Management Office teams are trained to implement. Happier internal stakeholders now own their own cross-functional budget and are able to make their own choices from a menu of options.

There is no question that these are challenging times for Chief Procurement Officers (CPOs).