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Accounting for Litigation Contingencies

27 2017 CCH Incorporated and its affiliates. All rights reserved. INSIGHTS VOLUME 31, NUMBER 1, JANUARY 2017 SECURITIES LITIGATIONA ccounting for Litigation Contingencies has been incurred, the company must record the estimated loss or the best estimate from within a range of losses as a charge to income. If a liability is possible or probable, but no reasonable estimation of the loss can be made, the company must disclose the nature of the contingency and state that such an estimate cannot be made. Although a company often must apply consider-able judgment in assessing and estimating contin-gent liabilities under ASC 450, these judgments and the facts and circumstances supporting them bring careful secondary examination by a company s independent auditors. A very good example of the scrutiny applied to such judgments comes from the SEC s recent enforcement action captioned SEC v.

Slate, Meagher & Flom LLP’s Chicago, IL, offi ce and leads the fi rm’s accounting practice. Andrew J. Fuchs is an associate in the fi rm’s litigation department in Chicago, IL. The views expressed in this article are those of the authors and not necessarily the views of Skadden Arps or any one or more of its clients.

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