On Monday, March 4th, the U.S. Treasury and IRS released proposed regulations under IRC section 250, a new section of the Code added by the Tax Cuts and Jobs Act of 2017 (TCJA). We intend to issue thought leadership for our clients, through this Tax Advisor Weekly, on these regulations as we make our way through reporting season.

Leading global professional services firm Alvarez & Marsal (A&M) has appointed Yvette Chan to Managing Director, based in Hong Kong, to lead the Asia M&A Tax Advisory Practice within the firm’s Global Transaction Advisory Group.

Managing Director Neil Beaton recently co-authored a BVR article discussing using option price modeling techniques in the valuation of early enterprises. 

I looked down at the long strips of soiled paper on my desk, the pot of glue and the stapler, and I had two thoughts: My nine year old could do this far better and, is this why I went to law school?

Close to 14 percent of the 3,500 publicly-traded companies in the U.S. were targeted by activist investors in 2018, according to research by Activist Insight and the law firm Schulte Roth & Zabel.

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.