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

December 2020 Hardcover, PDF

Bill Scally, Jimmy Pappas, Jonathan Dunitz, Nancy Fannon, Steve Veenema

Business Valuation Resources, LLC

Please note: This is a pre-order and this edition will be available in late December 2020.

This new edition, edited by Nancy J. Fannon, Jonathan Dunitz, Jimmy Pappas, Bill Scally, and Steve Veenema, features 49 chapters drawing on the expertise of nearly 70 financial experts and attorneys.

The Comprehensive Guide to Economic Damages, 6th Edition combines the economic expert’s knowledge of damages calculations and methods with legal and case analysis. It provides a deep and rich resource for financial experts and attorneys seeking guidance on appropriate remedies and related damages calculations, and addresses many of the problems that may arise in any case. With each successive edition of this guide, the editors and authors have drilled deeper into existing topics, and broadened the scope of damages material covered. The breadth and depth of topics discussed, along with 300 court case digests, makes the Guide the most comprehensive body of knowledge relating to economic damages available.

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Highlights of the Guide 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—This new edition includes measurements on lost profits or value, unjust enrichment, intellectual property damages, other commercial damages, and expanded content on personal injury and wrongful termination.

  • 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.

With five new chapters in Volume One and 35 new court case analyses in Volume Two, this much-expanded guide is about financial evidence: how to gather it, interpret it, and tell its story in a lawsuit or litigation setting. Among other topics, new chapters address theft of trade secrets, apportionment, and damages in cases involving rights of publicity and for franchises.

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. Professional Liability Risk Management for Valuation Professionals
By Steven M. Platau, J.D., CPA

Chapter 10. Context of the Lost Profits Damages Claim
By Jonathan M. Dunitz, Esq., and Tyler L. Farmer, Esq.

Chapter 11. Planning Credible Lost Profits Analyses for Financial Experts
By Robert P. Gray, CPA/ABV/CFF, CGMA, CFE, Robert B. Kester, CPA/ABV/CFF, and Karl G. Dial, Esq., CPA

Chapter 12. Projecting But-For Profits
By Stacey Udell, CPA/ABV/CFF, CVA

Chapter 13. Establishing Evidence in Lost Profits Cases
By Tom Burrage, CPA/ABV, CVA, CFF, and Clifton T. Hutchinson, Esq.

Chapter 14. Lost Profits Versus Lost Business Value
By Tyler L. Farmer, Esq., and Neil J. Beaton, CPA/ABV/CFF, CFA, ASA

Chapter 15. Discounting Lost Profits in Damage Measurements
By Michael A. Crain, DBA, CPA/ABV, CFA, CFE

Chapter 16. Discounting Damages: Case Law
By Robert M. Lloyd, Esq.

Chapter 17. Use of Forensic Evidence in a Lost Profits Case
By Michael Kaplan, CPA/ABV/CFF, CVA, CFFA, and Rebekah Smith, CPA/CFF, CVA, MAFF

Part III. Damages in Specific Industry Settings

Chapter 18. Calculating Damages for Early-Stage Companies
By Neil J. Beaton, CPA/ABV/CFF, CFA, ASA, and Tyler L. Farmer, Esq.

Chapter 19. Lost Profits for Physician Practices and Violation of Noncompete Agreements
By Mark O. Dietrich, CPA/ABV

Chapter 20. Fair Market Value in Regulations Impacting Physician Practices and Healthcare-Related Government Enforcement Actions
By Pamela Coyle Brecht, Esq., Alice G. Gosfield, Esq., David H. Glusman, CPA/CFF, FABFA, Cr.FA, CFS, and Thomas W. Reinke

Chapter 21. Lost Profits Issues Unique to the Government Contracts Industry
By Patrick A. McGeehin, CPA, Daniel E. Johnson, Esq., and Evan Sherwood, Esq.

Chapter 22. Construction Claims
By Greg A. McKinnon, CPA/CFF/CGMA, CMA

Chapter 23. Lost Profits for Automobile Dealerships
By Timothy W. York, CPA/ABV, and Adam Lawyer, CPA/ABV/CFF

Chapter 24. Franchise and Dealership Litigation Damages
By Mark M. Leitner, Esq., Joseph S. Goode, Esq., and Ted Stockton

Chapter 25. Lost Profits Analysis in Eating Establishments
By Ron Seigneur, CPA/ABV, ASA, CVA

Chapter 26. Damages and Right of Publicity Infringements
By Audrey Wessel, Esq., and Mark Roesler, Esq.

Part IV. Intellectual Property Damages

Chapter 27. Intellectual Property Overview
By Michael A. Crain, DBA, CPA/ABV, CFA, CFE

Chapter 28. Patent Infringement Damages: Lost Profits and Royalties
By Richard F. Bero, CPA/ABV, CVA, CLP, and Autumn N. Nero, Esq.

Chapter 29. Design Patent Challenges
By Richard F. Bero, CPA/ABV, CVA, CLP, and Christopher V. Carani, Esq.

Chapter 30. Trade Secret Damages
By Richard F. Bero, CPA/ABV, CVA, CLP, and Jon Margolies, Esq.

Chapter 31. Lost Profits (and Other Damages) in Trademark and Copyright Cases
By Rick Hoffman, CPA/ABV, and Milan Politi, J.D.

Chapter 32. Uses of Survey Research in Damages Estimation
By Larry Chiagouris, Ph.D., and Leon Kaplan, Ph.D.

Chapter 33. Using Internet Analytic Tools for Valuation and Damages Calculations in Internet IP Infringement and Defamation Cases
By Brian Buss, CFA, and Doug Bania, CLP

Chapter 34. Profit Apportionment in Intellectual Property Infringement Damages Calculations
By Brian Buss, CFA, and Doug Bania, CLP

Part V. The Unjust Enrichment Remedy

Chapter 35. Introduction to Remedies in Equity
By George P. Roach

Chapter 36. Counting the Beans: Unjust Enrichment and the Defendant’s Overhead
By George P. Roach

Chapter 37. 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 38. Economic Damages From Personal Injury and Wrongful Death
By James A. (Jim) Koerber, CPA/ABV/CFF

Chapter 39. Damages in Common-Law Employment Cases
By Joseph D. Garrison, Esq., and Joshua R. Goodbaum, Esq.

Chapter 40. Calculation of Damages in Common-Law Employment Cases
By James A. (Jim) Koerber, CPA/ABV/CFF

Part VII. Other Damages Analyses

Chapter 41. Financial Forensic Services for Internal Investigations
By Peter Resnick, CPA, CFF, CFE, and Greg Naviloff, CPA/ABV, CFF, CFE

Chapter 42. An Overview of Accounting and Financial Analysis in Fraudulent Transfer Matters
By Jeffrey L. Baliban, MA Econ, CPA/ABV/CFF, CDBV

Chapter 43. Piercing the Corporate Veil: An Alternative Strategy to Collect Damages
By Elizabeth S. Fenton, Esq., and Kyle Anne Midkiff, CPA, CFE, CFF

Chapter 44. Business Interruption and Damage Claims
By John Garaffa, Esq.

Chapter 45. Compensation Forfeiture: Stacking Remedies Against Disloyal Agents and Employees
By George P. Roach

Chapter 46. Post-Acquisition Disputes and Related Damages
By Kenneth Mathieu, CPA/ABV/CFF, Jared Bourgeois, CPA/ABV, CFE, CAMS, and Jonathan Dunitz, Esq.

Chapter 47. Event Studies in Securities Litigation
By Adrian M. Cowan, Ph.D., Paul J. Seguin, Ph.D., and Sean T. Malone, Ph.D.

Chapter 48. Use of Statistical Analysis to Measure Damages
By Charles D. Cowan, Ph.D.

Chapter 49. Representations and Warranties Insurance
By Kenneth Mathieu, CPA/ABV/CFF, Christian W. Fabian, Esq., Jennifer Drake Esq., Vipul Patel Esq., Stephen Davidson Esq., Jeffrey Buzen, Thomas K. Cauley Jr., Esq., and Renee McMahon

Part VIII. Index
Index
Index of Cases in Volume One

Volume TWO: CASE LAW DERIVED FROM BUSINESS VALUATION RESOURCES

Introduction 

Part VII. Case Digests

Court Case Summary Table 

Court Case Digests 

Part VIII. Appendices

Appendix A. Links to Ethical Guidelines Published by Member Organizations

Appendix B. Links to Requirements for Certifications, by Organization

Appendix C. Comparison of AICPA Professional Standards and Federal Rule of Evidence 702

Appendix D. Federal Rules of Evidence Pertaining to Expert Testimony

Appendix E. Federal Rules of Civil Procedure Pertaining to Expert Testimony

Appendix F. Reference Manual on Scientific Evidence: 3rd Edition (2011), Selected Sections

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Economic Damages 6ED Cover