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How to Quantify Lost Profits & Diminished Busi

The ultimate goal of any economic damages case is to make...

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Apportionment: Does your Damages Expert Understand

In Niazi Licensing, the U.S. Court of Appeals for the...

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Ransomware Attacks on the Rise

Cyber insurance providers — including Marsh and Resilience...

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Lack of Buy-Sell Agreement Leads to Lengthy Litiga

A law firm without an operating or buy-sell agreement wound...

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How to Protect Deals from Targeted Ransomware Atta

After a three-year lull, merger and acquisition (M&A)...

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Revealing and Exorcising Ghosts from the Payroll R

A phantom employee is someone who’s on a company’s payroll...

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Are You Doing Enough to Combat Fraud?

Occupational fraud — that is, fraud committed by employees...

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Debtor Fails Insolvency Tests for Fraudulent Trans

A recent bankruptcy case provides a helpful primer on the...

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Detecting Fraud With Proactive Measures

Each year, businesses lose about 5% of revenue to fraud,...

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How To Estimate Lost Profits For A Start-Up Busine

Financial experts usually start lost profits calculations...

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Proposed FRE Amendments May Affect Your Expert Wit

Proposed amendments to the Federal Rules of Evidence (FRE),...

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Don't Let Fraud Disrupt Your M&A Deal

Due diligence is key when buying or merging with another...

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FRE 702 Amendment Would Clarify Expert Testimony S

Federal Rule of Evidence (FRE) 702 is expected to soon be...

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How Testing Journal Entries May Signal Financial S

With a median loss of $800,000, financial statement frauds...

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Follow the Money: How Forensic Accountants Use Lif

One of the most effective weapons in a forensic...

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Do You Know the Difference Between Lost Profits an

A recent trademark infringement case involving competing...

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New Study Highlights Use of Crypto in Fraud

Every two years the Association of Certified Fraud...

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Discounting Damages

When calculating economic damages, financial experts must...

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Spotlight on Discounted Cash Flow

As businesses pivot to market changes during the pandemic,...

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How to Factor Cybersecurity Concerns into a Busine

Rarely a day goes by without a headline about a major data...

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Impact of COVID-19 on Measuring Business Interrupt

When the world first heard of COVID-19 and the possible...

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Key Considerations for Employee Dishonesty Insuran

It is estimated that approximately 95% of businesses...

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Are “calculations” of value admissible in court?

The development and reporting requirements for a...

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Yaquinto v. Thompson St. Capital Partners: Bankrup

In a recent fraudulent transfer case, flaws in the...

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In re Kinser Group LLC: Incorrect assumptions in b

Appraisals are often used in federal bankruptcy...

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Forensic Investigations: The Ins and Outs of Quest

Forensic investigations almost inevitably require...

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The Impact Of Inflation On Business Interruption L

There is no question that the world has changed since the...

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A Reflection on 45 Years of Forensic Accounting at

I began with the firm on Tuesday, July 6, 1976, following...

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Key Considerations for the Measurement of Builder’

Builder’s Risk Insurance is a type of insurance that...

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Maryland’s Highest Court Adopts the Daubert Test f

Rochkind v. Stevenson Maryland’s highest court has...

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The Federal Circuit Court of Appeals Explains “Bui

The Federal Circuit Court of Appeals recently affirmed a...

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Does Ransomware Insurance or Payment of a Ransom I

In 2021, our newsfeeds were flooded with reports of...

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Damage Measurements During Volatile Economic Perio

What is Economic Volatility? Economic volatility is often...

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Beyond the Books: How Industry Data Can Be Used to

What happens if a business is impacted by external economic...

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The Interplay between Inventory Spoilage and Busin

Early 2021 – “The Calm Before the Storm” 2020 was an...

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Court Dismisses COVID-19 Business Interruption Cla

Abstract: During the COVID-19 pandemic, governmental...

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Business Interruption Loss Measurements for Unprof

In May 2019, Uber posted a $1 billion loss shortly after...

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Handle Financial Testimony By Lay Witnesses With C

A lay witness is a person who has observed certain events...

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Turning a New Leaf: Crop Insurance for Cannabis Gr

According to a Pew Research Center survey, over two-thirds...

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How to Calculate Qualifying Lost Profits for Busin

Most business interruption policies require the insured to...

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Accounting for Cyber Business Interruption: Issues

As property insurance claims slowed due to COVID-19...

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Is that Expert Report Final — or a Draft?

The question of whether an expert’s report is a draft, and...

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Spotlight on Fraud in the Nonprofit Sector

Times of crisis bring out the best — and worst — in people....

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The Financial Conduct Authority (FCA) - The Appeal

Coronavirus and its impact on the world will remain in our...

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Valuation of Wine Inventory: When Wine Goes up in

Northern California’s famous wine country was scorched in...

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Estimating Lost Profits Using the Before-and-After

In Memorial Hermann Health System v. Gomez, the Court of...

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New ACFE Study Highlights the High Cost of White-C

Every two years, the Association of Certified Fraud...

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The Financial Conduct Authority (FCA) Test Case

Coronavirus and its impact on the world will remain in our...

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Court Clarifies Damages for ESOP Fiduciary Breach

A business owner may have the best of intentions when...

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Calculation of Value vs. Conclusion of Value: Whic

Business valuation experts generally can be engaged to...

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Spotlight on Patent Infringement: Recent Federal C

In general, a patent holder seeking infringement damages...

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Filing Charges Against a Fraudster

After occupational fraud has been discovered, some...

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Calculating Damages for Intangibles

Financial experts need some predictable building blocks to...

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Daubert Challenges: Communication With Experts Is

Litigants in federal cases often challenge the...

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Critical Time Element Impacts on Both Coronavirus

As the world enters its third full month of dealing with...

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4 Signs of Accounts Receivable Fraud Schemes

Accounts receivable (A/R) are often a popular fraud target...

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Look Beyond Deal Price in Statutory Appraisals

Statutory appraisals in dissenters’ actions are typically...

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Consumer Debt Portfolios Allegedly Used in Recent

It’s been more than a decade since Bernie Madoff made...

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Warning: Expert Admissibility Standards May Vary

In federal court, the admissibility of expert testimony is...

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Data Analytics Roundup

When it comes to fraud detection, the amount of available...

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Recognize the Typical Schemes of Subcontractor Fra

General contractors usually have good relationships with...

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How Market Data Can Be Used to Calculate Reasonabl

In intellectual property infringement cases, business...

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Dissenting Shareholders: What’s the Fair Value of

In Athlon Sports Communications v. Duggan, the Tennessee...

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Beneish Model Helps Detect Earnings Manipulation

Financial statement manipulation is the costliest type of...

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Applying the Daubert Standard in Federal Cases

Under Rule 702 of the Federal Rules of Evidence, an expert...

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Commercial Property Coinsurance Coverage & Pen

The wording of a Coinsurance commercial property policy...

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Calculating Damages in Mergers and Acquisitions Tr

Mergers and acquisitions (M&A) transactions rarely turn out...

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Forensic Accounting: How to Keep Your Attorney Fro

From the Desk of a Forensic Accountant "Simplicity is the...

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Clerk of Works & Forensic Examination of Const

In general, clerk of works, or conducting a forensic...

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Are Settlements Taxable?

The federal tax code specifically excludes damages received...

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Builder’s Risk – Tax Credit Financing

Federal tax credits are a crucial component for the...

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Which Is Appropriate: Lost Profits or Lost Busines

The U.S. District Court for the Middle District of...

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5 Steps to Calculate Loss of Future Earnings

From personal injury to wrongful termination, there are...

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How to Protect Expert Testimony From Daubert Chall

It’s been 25 years since the U.S. Supreme Court decided...

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Business Income Coinsurance: To Penalize Or Not To

We wrote previously about coinsurance penalties in the...

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Cash Is King – Even in Common Fraud Schemes

It’s probably no surprise that cash is the most popular...

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Calculating Lost Profits for Startups

Lost profits estimates are often based off of a company’s...

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Understanding the Risks of Financial Misstatement

The Least Common Type of Fraud Can Also Be the Costliest...

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Owners’ Compensation: How Much Is Reasonable?

The IRS may challenge the reasonableness of compensation a...

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Courts Demand Clear Valuation Reports

Vague business valuation reports can be confusing and...

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Updated Survey Provides Insight Into Fraud Trends

The Association of Certified Fraud Examiners (ACFE) has...

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How Casual Assumptions Can Lead to Damages and Dil

Whether due to time, cost, or other constraints, attorneys...

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Dissecting the Role of the Forensic Accountant

When people hear the term “forensic science,” they usually...

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Economic Damages: Total Business Loss Evidence All

The Eigth Circuit Court of Appeals recently issued a...

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Economic Losses In Fatal Accident Claims

Economic loss calculations in fatal and non-fatal accident...

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Patent Apportionment: Don’t Double Count Damages!

When calculating reasonable royalty damages in patent...

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Update on Patent Damages Under the Panduit Test

The Panduit factors for determining lost profits damages in...

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How to Navigate the Complicated Intersection of Bu

Immediately following a loss, an insured business is...

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Harness the Power of Social Media in Litigation

A wealth of information is stored on social media sites,...

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Manufacturing Business Interruption Loss Mitigated

Most first-party property policies place the duty to reduce...

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Court Rejects Compensation Expert’s “Result Orient

Perceived independence is critical when it comes to the...

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How to Detect and Prevent Fraud Using Data Analyti

Organizations that use proactive data monitoring can reduce...

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Spotlight on Damages: Experts Shouldn't Assume Cau

Many attorneys see causation as a legal issue that’s...

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Know The Perils of Financial Testimony by Owners a

Owners, executives and other key employees sometimes...

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Could Receivables Fraud Strike One of Your Clients

Accounts receivable are a popular fraud target because so...

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Why Experts Insist on Touring a Company’s Faciliti

Without site visits and management interviews, it can be...

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Solving the Mystery of the Phantom Employee

Ghosts in a business’s payroll record may be costing them...

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Deal Price Doesn’t Always Represent Fair Value

In appraisal rights claims, the price paid in a merger may...

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Are You Ready for e-Discovery in the IoT Age?

Today, attorneys face a new frontier in discovery — the...

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Expert Report Fends Off Daubert Attacks

From divorces to business disputes, the linchpin in all...

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3 Tests Forensic Accounting Experts Use to Analyze

Solvency is generally defined as a business’s or...

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Third-Party Funding Helps Contractors Pursue Claim

To avoid the high cost of litigation, many contractors fail...

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Making a Federal Case Out of Trade Secrets

The Defend Trade Secrets Act of 2016 creates federal...

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ACFE Report: Awareness Can Help Fight Fraud

For the last 20 years, the Association of Certified Fraud...

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Fraud Watch – the Skinny on Skimming

Cash is an obvious target for dishonest employees bent on...

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Construction Loan Interest and General Conditions

Introduction Builders risk claims often include numerous...

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Understanding Compensation Forfeiture Damages

When an employee breaks the rules, the wronged party’s...

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Framing Damages - Financial Experts Put Punitive D

In business litigation, without a framework for determining...

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Clean Sweep - Check for Fraud and Get Your House i

A fraud sweep at the end of the year can pinpoint...

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IRS Issues New Guidance for Attorneys' Fees and Co

The IRS recently released new guidance providing for awards...

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Uncharted Territory: Recovering Lost Profits for a

Lost profits are a common measure of damages in commercial...

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Computing Trademark Infringement Damages

Trademark holders often turn to injunctive relief under the...

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New Litigation Frontier

Proving Cyber Breach Damages Can Be Challenging Home Depot,...

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When Can an Expert Consider Subsequent Events?

Often, financial experts encounter evidence of events that...

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Proving Lost Profits With “Reasonable Certainty”

Recovering lost profits generally requires a plaintiff to...

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Using the “Leakage” Theory to Show Loss Causation

Securities fraud cases rarely make it to trial, but those...

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Compare and Contrast - Using the Yardstick Method

The yardstick method, which bases economic damages on the...

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What's Behind the Curtain? Recognize the Importanc

In the rough-and-tumble world of mergers and acquisitions...

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Inventory Losses- Why Guess When you Can Count?

Following a loss in which a company sustains damage to its...

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Builders Risk Claims in Focus: Part One, General C

Builders risk claims often include numerous complex issues....

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Travel Reward Misappropriation: Your Employees Mig

On an individual basis, the majority of people...

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Business Interruption and Rebranding – Paths Cross

Business Interruption insurance exists to restore the...

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Absorption Costing and Extra Expenses: Potential P

In recent years, there has been an increased number of...

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Keys to Unlocking the Average Daily Value (ADV) De

Business Income deductibles come in different shapes and...

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Ordinary Payroll: An Often Center-Stage Issue in B

Labor and the associated labor burden are often significant...

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2016 New York Power Conference

The 2016 New York Power Conference had a record turnout and...

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Business Income Claims – Mercantile Businesses

I recently participated in a presentation on this topic at...

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Product Contamination Symposium to Provide Vital L

Over the past few years, the risk of having to recall a...

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Recap: New York Power Conference 2015

Investigative/Forensic Accounting Blog Meaden & Moore along...

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