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Subject Topic: Contingencies for Unasserted Claims (Topic Closed Topic Closed) Post ReplyPost New Topic
  
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bouchacha
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Posted: 21 Jul 2012 at 11:58 | IP Logged  

One of the requirements that falls under the penumbra of
contingency reporting is that you must also
charge/disclose unasserted litigation claims
should they meet the requirements. Normally, if your
enterprise is involved in litigation in which it is
probable it will result in a loss and reasonably
estimable at $x million, you must both charge the $x
million as well as disclose.

What I find odd about this requirement is the same
standard applies even to unasserted claims. This means
that if you estimate it as probable that a party is
going (but hasn't yet) to bring a claim against
you which will result in a loss, you must charge/disclose
depending on the circumstances. How exactly does this
work in real life? By disclosing that you think you're
going to get sued, doesn't that just encourage
litigation? Wouldn't enterprises therefore have an
incentive to keep quiet?
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camilla
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Posted: 21 Jul 2012 at 14:56 | IP Logged  

Unless the company knowingly committed some of fraud or something or knows its guilty of something that has not been discovered yet and knows what the amount of the liability would be.  They could just be preparing themselves for a loss.  It doesn't make sense to me either because it's almost like you're admitting guilt.

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