Use of ‘Hypothetical Market’ Standard in Valuing Record Company Logo
Court weighs in on the "hypothetical market" standard to determine logo's worth.
Latest Daubert Case Emphasizes Correct Measure of Damages
Court emphasizes the importance of accurate calculations in assessing damages, lost profits.
Lost Profits Evidence Turns on Key Expert Assumptions
Lost profits analysis by appraiser too speculative for court to uphold.
Valuation Experts Required to Have Clear Credentials, Experience, and Methods
Court excludes proposed BV expert for failing to have appropriate credentials, experience, and clear methodology.
May Experts Rely on Client Financials and Customer Interviews?
Court considers whether lost profits expert may rely on client financial information and customer interviews.
Qualifications, Experience Make This Appraiser Nearly Unassailable
Court articulates qualifications that make business appraiser nearly “bulletproof” under Daubert challenge.
‘Intrinsic Value’ Doesn’t Meet Daubert Criteria
Opinions of music industry consultant and attorney not reliable enough to prove lost value of startup record company.
Lost Profits Calculus Must Also Include Reasonable Expenses
Lost profits calculus must also prove associated expenses to a reasonable degree of certainty.
Dering v. Service Experts Alliance, LLC
Court emphasizes the importance of accurate calculations in assessing damages, lost profits.
Mood v. Kronos Products, Inc.
Lost profits analysis by appraiser too speculative for court to uphold.
Popovich v. Sony Music Entertainment, Inc.
Court weighs in on the "hypothetical market" standard to determine logo's worth.
Rosvold v. LSM Systems Engineering, Inc.
Court excludes proposed BV expert for failing to have appropriate credentials, experience, and clear methodology.
Physicians Dialysis Ventures, Inc. v. Griffith
Court articulates qualifications that make business appraiser nearly “bulletproof” under Daubert challenge.
Tidwell Industries, Inc. v. Diversified Home Products, Inc.
Court considers whether lost profits expert may rely on client financial information and customer interviews.
Building Materials Wholesale, Inc. v. Triad Drywall, LLC
Lost profits calculus must also prove associated expenses to a reasonable degree of certainty.
24/7 Records, Inc. v. Sony Music Entertainment, Inc.
Opinions of music industry consultant and attorney not reliable enough to prove lost value of startup record company.
Court Outlines Key Factors In Calculating Lost Profits for Unestablished Business
Court denies lost profits claim for unestablished business based on speculative management forecasts and lack of credible market data.
Court Questions Whether Non-BV Expert May Testify to Lost Profits/Damages
In case of stolen employees (breach of noncompetes), a report from non-BV expert fails to provide reliable basis for lost profits, economic damages calculation.
Parlour Enterprises Inc. v. The Kirin Group, Inc.
Court denies lost profits claim for unestablished business based on speculative management forecasts and lack of credible market data.
Some Hindsight Permitted In Fair Market Valuation of Pre-IPO Stock Options
Court expands “bright-line” rule to permit limited evidence of post-breach events for valuing company stock on eve of initial public offering.
FMS, Inc. v. Volvo Construction Equipment North America, Inc.
This matter comes before the court on several post-trial motions of the parties. Defendant Volvo Construction Equipment North America, Inc. (“Volvo”) moves for judgment as a matter of law or, in the alternative, for a new trial or remittitur.
Matrix Group Limited, inc. v Rawlings Sporting Goods Co.
After Rawlings Sporting Goods Company terminated an agreement granting an exclusive license to Matrix Group Limited to sell its sports bags, the parties sued each other for breach of contract. Matrix also asserted claims against Rawlings and K2, Inc ...
TruGreen Companies, L.L.C. v. Scotts Lawn Service, et al.
In case of stolen employees (breach of non-competes), a report from non-BV expert fails to provide reliable basis for lost profits, economic damages calculation.
Goodwill Disallowed in Damages for Loss of Dental Practice
Court disallows loss of goodwill value in recovery for dental practice, breach of covenant not to compete.
Business Interruption Policy Covers Total Value of the Contracts Lost During the Reconstruction Period
The Tennessee Court of Appeals determined how covered loss should be calculated under a business interruption insurance policy.