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3 The Orange County example is not unique In March 2008, Jefferson County, Alabama, failed to produce $200 million in collateral for its swaps See Wall Street Journal online edition, March 22, 2008 4 Berkshire Hathaway Annual Report (10-K 1999, 18 5 Berkshire Hathaway Annual Report 1993, 15 6 Robert J Shiller, Market Volatility (Cambridge, MA: The MIT Press, 1999) 7 Forbes, The Money Men, November 1, 1974, pp 41-42 8 Berkshire Hathaway Annual Report 1985,19 9 Berkshire Hathaway Annual Report 1993, 15 10 Ibid 15 Why Hold Cash: Liquidity Brings Opportunities 1 Berkshire Hathaway Annual Report 1990, 19 2 Morgan Stanley Equity Research Report on Insurance-Property and Casualty, New York, World Trade Center Special Issue, September 17, 2001 3 As reported in a press release by Wrigley on April 28, 2008, available on Wrigleycom 16 Diversi cation: How Many Baskets Should You Hold 1 See 13 in Stephen A Ross, Randolph W Wester eld, and Bradford D Jordan, Fundamentals of Corporate Finance (New York: McGraw-Hill Irwin, 2006) For a detailed academic discussion of this topic, see Eugene Fama, Foundations of Finance (New York: Basic Books, 1976) 2 For this purpose I assumed a typical stock to have a covariance of 018 with other stocks This is typical of an exchange traded stock 3 Benjamin Graham, The Intelligent Investor (4th ed) (New York: HarperCollins, originally published by Harper & Row in 1973), 54 4 Philip A Fisher, Common Stocks and Uncommon Pro ts (New York: John Wiley & Sons, 1996), 108 5 Peter Lynch with John Rothchild, One Up on Wall Street (New York: Penguin Books, 1989), 242 6 Ibid 7 Ibid, 150 17 When to Sell 1 2 3 4 5 Berkshire Hathaway Annual Report 1996, 16 Berkshire Hathaway Annual Report 1988, 13 Berkshire Hathaway Annual Report 1997, 15 Berkshire Hathaway Annual Report 1998, 12 See, for example, Washington Post, October 31, 2007.



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The information a property report brought to light proved especially helpful to Cindy and Jack They had been looking to buy a character house for some time, and eventually found one the current owner had renovated and was offering for sale at an affordable price As part of their purchase offer, they included a condition that a professional home inspector provide a report on the property within 10 days of their offer s acceptance The deal s closing was contingent on a satisfactory report The report was a eal eye-opener It showed that the current owner had extended the house without first obtaining a local building permit The renos had extended the footprint of the house beyond the permitted setback distances from the property line, and also gave the house a larger area than that permitted on the lot In addition, the wiring was inappropriate for the building and a potential fire hazard The condition in the purchase offer allowed Cindy and Jack to walk away from the deal hassle-free By purchasing the property, they could have become liable for the unauthorized building extension (which the municipality could have asked them to remove), and the wiring would have had to be completely redone to comply with local building and fire codes The alterations to the home would have meant prohibitive costs, not to mention stress they didn t need. Encode Bar Code In .NET Framework Using Barcode creator for .Related: Print EAN 128 ASP.NET , Java UPC-A Generator , Word Code 39 Generating

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(a) FEDERAL RULE OF EVIDENCE 702 Most witnesses who testify in a litigation are fact witnesses A fact witness can provide testimony based on what he has seen, heard, or otherwise observed A fact witness may not offer opinions By contrast, an expert witness by reason of education or specialized experience possesses superior knowledge about a subject and as such may offer opinions at trial An accountant may testify as an expert witness if his opinion will assist the trier of fact in understanding the evidence or determining the issues in a case Federal Rule of Evidence 702 governs the admissibility of expert opinion testimony Rule 702 states that if scienti c, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness quali ed as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise (b) EFFECT OF DAUBERT V MERRELL DOW PHARMACEUTICALS In Daubert v Merrell Dow Pharmaceuticals, 113 S Ct 2796 (1993), the Supreme Court addressed the rules pertaining to the admission of expert testimony Since 1923, based on Frye v United States, 293 F1013 (DC Cir 1923), the federal courts applied a test (the general acceptance test) by which scienti c expert opinions should be admitted into evidence Under this standard, an opinion was admitted only if it was based on generally accepted methodology within the industry In the Daubert decision, the Supreme Court determined that in order for expert witness opinions to be admitted under 702, they did not have to meet the Frye general acceptance test and clari ed that Rule 702 does not establish general acceptance as a criteria for admissibility The Daubert decision clari ed the trial court s role in determining the admissibility of expert testimony In doing so, the court need not determine whether the methodology meets the general acceptance test but must assess the validity of the methodology used and the applicability of that methodology to the speci c facts of the case Discussions of issues of expert testimony are extended in 47 Financial Expert Witness Challenges and Exclusions: Results and Trends in Federal and State Cases since Kumho Tire (c) FEDERAL RULE OF CIVIL PROCEDURE 26 If the accountant has been engaged to serve as a testifying expert witness, he must become aware of the effect of Rule 26 of the Federal Rules of Civil Procedure, which deals with the procedure for written disclosure of expert testimony Pursuant to Rule 26, the identity of one side s potential testifying experts, as well as information about the expected testimony, must be voluntarily disclosed at the outset of a case, without receipt of a formal discovery request In addition, Rule 26 provides that the expert prepare and sign a written report This report must be disclosed to the other parties before the expert will be allowed to testify at trial Unless the date by which disclosure of the written report must be made is decided by the trial judge, rules of the local court, or by agreement of the parties, the report must be disclosed at least 90 days before the date of trial If an expert is retained solely to rebut the testimony of an opposing expert, the report of the rebuttal witness must be disclosed within 30 days of the disclosure of the other expert s report Generally, the expert witness will not be permitted to testify at trial to his opinions unless the opinions are contained in the expert witness s written report Therefore, the content of the expert s report should contain all of his opinions and the bases for the opinions In addition, once the expert s report is disclosed to the other side, any changes to the report must be isclosed before the commencement of trial.

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