It may now be as certain as all of the above, at least for financial litigation experts. In preparing for the next round of legal case summaries for the Business Valuation Update, for example, we’ve collected more than eight court decisions concerning Daubert challenges to economic experts (and we routinely run only 10 to 12 digests per issue, so this accounts for over half). The trend toward Daubert becoming “de rigeur” in pretrial proceedings shows no sign of abatement and every sign of pervading all types of actions. In these eight cases coming up, federal and state courts apply the Daubert standard (or the equivalent) to experts who have calculated damages for lost profits, reasonable royalty, trade secrets, hospital litigation, lost business value, bankruptcy, oil and gas, and securities.
How to protect yourself (and your report) from the inevitable challenge: On Wednesday, August 29, join Nancy Fannon (Fannon Valuation) and Jonathan Dunitz (Friedman Gaythwait Wolf and Leavitt) for the conclusion of BVR’s Online Symposium on Litigation & Economic Damages, with a Case Law Update: The Latest in Lost Profits and Motions to Exclude Experts.
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