The Comprehensive Guide to Economic Damages, Fifth Edition (Two Volumes)

August 2018 Hardcover, PDF

Jonathan Dunitz, Nancy Fannon

Business Valuation Resources, LLC

Please note: The PDF is now available and the print edition will ship in mid-September.

The Comprehensive Guide to Economic Damages, 5th Edition edited by Nancy J. Fannon and Jonathan M. Dunitz, bridges the gap between the economics in damages cases and what the courts say about the calculations and evidentiary requirements. It provides a deep and rich resource, found nowhere else, for financial experts and attorneys seeking guidance on damage calculations.

Written from the perspectives of financial experts and attorneys, the guide blends the financial expert’s mastery of accepted methods and procedures with the attorney’s expertise in legal issues while providing in-depth analysis and interpretation of the continually expanding body of case law. It describes the different types of damages and how to calculate them, while presenting the problems that may arise and how stakeholders can address them. With each successive edition of this guide, the authors have drilled deeper on the existing chapters and broadened the scope of damages topics covered. With 43 chapters and over 300 court case digests, the guide provides the most comprehensive analysis of any damages text available. 

This publication and many more are also available for download with a subscription to the Digital Library or BVResearch Pro.
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Additional Product Details

Highlights of the new edition include:

  • A knowledge base that allows for a better working relationship between a financial expert and the attorney–Experts are most beneficial to attorneys when they’re well-informed about damage remedies and the context in which they are calculated. When an expert is more knowledgeable, he or she can be more valuable to the attorney in terms of the various options for remedies, given a particular context

  • Comprehensive materials on a variety of damages measures including:
    • Measurements on lost profits or value
    • Unjust enrichment
    • Intellectual property damages
    • Other commercial damages
    • Expanded content on personal injury and wrongful termination

  • Seven new chapters–Among other topics, new chapters address:
    • Theft of trade secrets
    • Apportionment
    • Damages in cases involving rights of publicity and for franchises
    • And, more!

  • In-depth analysis—This guide includes expanded analysis of motions to exclude experts and a review of the concept of reasonable certainty, based on significant research on the topic
  • A comprehensive reference to case law – Interprets what the courts have accepted as evidence for damages claims—and what the courts have rejected and why

Table of Contents

Volume One
  • About the Editors
  • Acknowledgments
  • Author Bios
  • Foreword

Part I. Expert Testimony in the U.S. Courts

  • Chapter 1. Professional Standards for Experts
    By Michael A. Crain, DBA, CPA/ABV, CFA, CFE
  • Chapter 2. The Process: A Brief Introduction to the U.S. Court Systems, From Filing to Appeal
    By Jonathan M. Dunitz, Esq., and Clifton T. Hutchinson, Esq.
  • Chapter 3. Spoliation of Evidence
    By David B. Chaffin, Esq., and Rachel J. Eisenhaure, Esq.
  • Chapter 4. A Guide to Electronic Discovery and Evidence
    By Daniel K. Gelb, Esq. and Richard M. Gelb, Esq.
  • Chapter 5. Expert Depositions: Accountants, Economists, and Appraisers
    By David L. Herzer Jr., Esq.
  • Chapter 6. The Reasonable Certainty Requirement in Lost Profits Litigation: What It Really Means
    By Robert M. Lloyd, Esq.,
  • Chapter 7. Motions to Exclude Financial Experts
    By Jonathan M. Dunitz, Esq., and Clifton T. Hutchinson, Esq.
  • Chapter 8. Motions to Exclude Expert Testimony
    By Robert M. Lloyd, Esq.

Part II. Lost Profits Damages

  • Chapter 9. Context of the Lost Profits Damages Claim
    By Jonathan M. Dunitz, Esq., and Tyler L. Farmer, Esq.
  • Chapter 10. Performing Credible Lost Profits Analyses
    By James O’Brien, CPA, CFF, and Greg Stillman, Esq.
  • Chapter 11. Projecting But-For Profits
    By Stacey Udell, CPA/ABV/CFF, CVA
  • Chapter 12. Establishing Evidence in Lost Profits Cases
    By Tom Burrage, CPA/ABV, CVA, CFF, and Clifton T. Hutchinson, Esq.
  • Chapter 13. Lost Profits Versus Lost Business Value
    By Tyler L. Farmer, Esq., and Neil J. Beaton, CPA/ABV/CFF, CFA, ASA
  • Chapter 14. Discounting Lost Profits in Damage Measurements
    By Michael A. Crain, DBA, CPA/ABV, CFA, CFE
  • Chapter 15. Discounting Damages: Case Law
    By Robert M. Lloyd, Esq.
  • Chapter 16. Use of Forensic Evidence in a Lost Profits Case
    By Michael Kaplan, CPA/ABV/CFF, CVA, MAFF, and Rebekah Smith, CPA/CFF, CVA, MAFF

Part III. Damages in Specific Industry Settings

  • Chapter 17. Calculating Damages for Early-Stage Companies
    By Neil J. Beaton, CPA/ABV/CFF, CFA, ASA, and Tyler L. Farmer, Esq.
  • Chapter 18. Lost Profits for Physician Practices and Violation of Noncompete Agreements
    By Mark O. Dietrich, CPA/ABV
  • Chapter 19. Lost Profits Issues Unique to the Government Contracts Industry
    By Patrick A. McGeehin, CPA, Daniel E. Johnson, Esq., and Evan Sherwood, Esq.
  • Chapter 20. Construction Claims
    By Greg A. McKinnon, CPA/CFF, CMA
  • Chapter 21. Lost Profits for Automobile Dealerships
    By Timothy W. York, CPA/ABV
  • Chapter 22. Lost Profits Analysis in Eating Establishments
    By Ron Seigneur, CPA/ABV, ASA, CVA, CFF, CGMA
  • Chapter 23. Damages and Right of Publicity Infringements
    By Audrey Wessel, Esq., and Mark Roesler, Esq.
  • Chapter 24. Franchise and Dealership Litigation Damages
    By Mark M. Leitner, Esq., Joseph S. Goode, Esq., and Ted Stockton
    Part IV. Intellectual Property Damages
  • Chapter 25. Intellectual Property Overview
    By Michael A. Crain, DBA, CPA/ABV, CFA, CFE
  • Chapter 26. Patent Infringement Damages: Lost Profits and Royalties
    By Richard F. Bero, CPA/ABV, CVA, CLP, and Autumn N. Nero, J.D.
  • Chapter 27. Trade Secret Damages
    By Richard F. Bero, CPA/ABV, CVA, CLP, and Jon Margolies, J.D.
  • Chapter 28. Lost Profits (and Other Damages) in Trademark and Copyright Cases
    By Rick Hoffman, Mark Glick, Ph.D., J.D., and Milan Politi ,J.D.
  • Chapter 29. Uses of Survey Research in Damages Estimation
    By Larry Chiagouris and Leon Kaplan
  • Chapter 30. Using Internet Analytic Tools for Valuation and Damages Calculations in Internet IP Infringement and Defamation Cases
    By Doug Bania, CLP, and Brian Buss, CFA
  • Chapter 31. Profit Apportionment in Intellectual Property Infringement Damages Calculations
    By Brian Buss, CFA, and Doug Bania, CLP

Part V. The Unjust Enrichment Remedy

  • Chapter 32. Introduction to Remedies in Equity
    By George P. Roach
  • Chapter 33. Counting the Beans: Unjust Enrichment and the Defendant’s Overhead
    By George P. Roach
  • Chapter 34. Restitution Rollout: The Restatement (Third) of Restitution & Unjust Enrichment:
    Counter-Restitution for Monetary Remedies in Equity

    By George P. Roach

Part VI. Personal Injury/Wrongful Death

  • Chapter 35. Economic Damages From Personal Injury and Wrongful Death
    By James A. (Jim) Koerber, CPA/ABV/CFF
  • Chapter 36A. Damages in Common-Law Employment Cases
    By Joseph D. Garrison, Esq., and Joshua R. Goodbaum, Esq.
  • Chapter 36B. Calculation of Damages in Common-Law Employment Cases
    By James A. (Jim) Koerber, CPA/ABV/CFF

Part VII. Other Damages Analyses

  • Chapter 37. Financial Forensic Services for Internal Investigations
    By Peter Resnick, CPA, CFF, CFE, and Greg Naviloff, CPA, CFF, CFE, ABV
  • Chapter 38. Business Interruption and Damage Claims
    By John Garaffa, Esq.
  • Chapter 39. An Overview of Accounting and Financial Analysis in Fraudulent Transfer Matters
    By Jeffrey L. Baliban, CPA, ABV, CDBV
  • Chapter 40. Compensation Forfeiture: Stacking Remedies Against Disloyal Agents and Employees
    By George P. Roach
  • Chapter 41. Post-Acquisition Disputes and Related Damages
    By Jeff Litvak, CPA/ABV/CFF, ASA, Kenneth Mathieu, CPA/ABV/CFF, Jared Bourgeois, CPA/ABV, CFE, and Jonathan Dunitz, Esq.
  • Chapter 42. Event Studies in Securities Litigation
    By Adrian M. Cowan, Ph.D., and Paul J. Seguin, Ph.D.
  • Chapter 43. Use of Statistical Analysis to Measure Damages
    By Charles D. Cowan, Ph.D.

Part VIII. Index

  • Index
  • Index of Cases in Volume One

Volume Two: Case Law Derived from Business Valuation Resources