Business Valuation Update Yearbook, 2022 Edition
January 2022 PDF, Softcover (454 pages)
BVR (editor)
Business Valuation Resources, LLC
Valuing a Business, 6th Edition
March 2022 Hardcover
Shannon Pratt
McGraw-Hill Co.
Use of DCF for damages survives challenge
In an antitrust lawsuit in Nevada, the expert for a company that alleges it was forced to close due to anticompetitive practices used the discounted cash flow (DCF) method to calculate damages.
HMH Enters. v. TAG Enters.
The plaintiffs contended that the trial court erred in granting two defendants motions in limine to exclude evidence of the plaintiffs’ damages. The appellate court affirmed the decisions of the trial court.
Court Affirms Exclusion of Testimony From Witness as Being Based on Inadmissible Hearsay Evidence
The plaintiffs contended that the trial court erred in granting two defendants motions in limine to exclude evidence of the plaintiffs’ damages. The appellate court affirmed the decisions of the trial court.
Dettenhaim Farms, Inc. v. Greenpoint Ag, LLC
In this case alleging damages to a soybean crop, a Louisiana court of appeals determined that the trial court abused its discretion when it chose an expert's methodology for calculating damages, as another methodology was supported by the record and was not overly speculative; a reduced damage award was appropriate. The trial court affirmed two other issues regarding evidence of cause of damages and the issue of standing as to who owned the land and thus the crops.
Appeals Court Decides Trial Court Abused Its Discretion in Choosing the Method of Determining Damages
In this case alleging damages to a soybean crop, a Louisiana court of appeals determined that the trial court abused its discretion when it chose an expert's methodology for calculating damages, as another methodology was supported by the record and was not overly speculative; a reduced damage award was appropriate. The trial court affirmed two other issues regarding evidence of cause of damages and the issue of standing as to who owned the land and thus the crops.
Patent Royalty Damages – What’s the Approach?
Royalty damages are one of the two primary types of patent infringement damages; which represent the majority of patent damages awarded and are a part of most patent damages cases. Experts John L Abramic and Richard F. Bero present a structured approach to addressing key royalty damages components. Drawing on the extensive patent damages and litigation experience of our presenters, the presentation covers royalty damages fundamentals, navigates patent damages case law, and provides insightful concepts ...
V5 Techs., LLC v. Switch, Ltd.
This case was a motion to reconsider the court’s ruling that struck expert testimony because the expert used the discounted cash flow method to determine the value of a business that went out of business. Upon reconsideration, the court decided that such method was allowable in this case and, therefore, the testimony should be reinstated and presented to the jury for use in determining damages.
Court Reverses Its Order to Strike Expert Testimony That Utilized the Discounted Cash Flow Method in Valuing a Business
This case was a motion to reconsider the court’s ruling that struck expert testimony because the expert used the discounted cash flow method to determine the value of a business that went out of business. Upon reconsideration, the court decided that such method was allowable in this case and, therefore, the testimony should be reinstated and presented to the jury for use in determining damages.
SL EC, LLC v. Ashley Energy, LLC
This case concerned the purchase of a historic steam plant in downtown St. Louis. The claims included breach of contract, fraudulent conveyance, and tortious interference, among others. This particular case dealt with a motion in limine to exclude rebuttal testimony from the expert for the counterclaim defendants regarding damages put forth by the counterclaim plaintiffs. The court denied the motion.
Court Denies Motion to Exclude Rebuttal Testimony of Damages
This case concerned the purchase of a historic steam plant in downtown St. Louis. The claims included breach of contract, fraudulent conveyance, and tortious interference, among others. This particular case dealt with a motion in limine to exclude rebuttal testimony from the expert for the counterclaim defendants regarding damages put forth by the counterclaim plaintiffs. The court denied the motion.
Understanding Business Valuation - 6th edition
February 2022 Hardcover, PDF
Gary Trugman
Business Valuation Resources, LLC
Forecasting Expenses for an Economic Damages and Lost Profits Analysis
Several experts at the two-day BVR National Economic Damages Virtual Conference discussed projections in a damages and lost profits context. This article focuses on projecting expenses.
Caesars Entertainment sues over COVID-19-related economic damages
On March 19, Caesars Entertainment joined the long list of businesses that have filed lawsuits against their insurance companies for refusing to pay business interruption losses stemming from COVID-19-related government shutdowns of economies across the nation and world. Whether Caesars, which asserts that losses its various business entities incurred may exceed $2 billion, succeeds where a lot of other plaintiffs have failed will be worth monitoring.
Insights from the inaugural National Economic Damages Virtual Conference
Attorneys and financial experts joined forces for the first-ever National Economic Damages Virtual Conference to discuss intellectual property damages, COVID-19 damages, forensic evidence, and the ins and outs of appearing in court.
Today! Inaugural National Economic Damages Virtual Conference
Attorneys and financial experts join forces for the first-ever National Economic Damages Virtual Conference, a two-day event that starts today, May 26.
Leading damages guide spawns two-day virtual conference May 26-27
Compelling topics direct from the pages of BVR’s Guide to Economic Damages will come to life during the first National Economic Damages Virtual Conference on May 26-27.
Court disses restaurant’s ‘direct physical loss’ theories in COVID-19 suit
The key question in many COVID-19-related insurance disputes is what constitutes “direct physical loss,” a federal court recently explained as it rejected a plaintiff’s breach of contract claim against the insurer.
Professional Standards for Certified Public Accountants, Economists, and Other Financial Experts
Financial experts may be subject to standards of professional practice from a number of sources when they measure lost profits damages and give related expert testimony. The sources can include governmental regulators as well as professional membership organizations and societies. In addition, a technical community may establish professional standards of practice in other ways.
14 Ways to Detect Misrepresentations in Business Interruption Claims
Business interruption insurance claims are on the rise, and analysts need to be on the lookout for misrepresentations. Michael Haugen (JS Held) conducted a session on this at the recent AICPA FVS Conference, and it’s an area where valuation experts would do well to bolster their knowledge and skills in financial forensics. Haugen gives some tips on how to “sniff out” misrepresentations in these claims.
National Economic Damages Virtual Conference debuts May 26-27
A mix of damages experts and attorneys will come together to present the very first virtual conference on the preparation and litigation of economic damages cases.
Caesars Entertainment sues over COVID-19-related economic damages
On March 19, Caesars Entertainment joined the long list of businesses that have filed lawsuits against their insurance companies for refusing to pay business interruption losses stemming from COVID-19-related government shutdowns of economies across the nation and world.
National Economic Damages Virtual Conference 2021 Training Pack
BVR is pleased to present the National Economic Damages Virtual Conference, bringing together the pre-eminent attorneys and expert witness that prepare and litigate damages cases. Drawing directly from the expertise of six editions of The Comprehensive Guide to Economic Damages BVR is excited to gather the authoritative voices behind the renowned publication.
Learn more >>
Be on the lookout for BI misrepresentations
Business interruption (BI) insurance claims are on the rise, and there are “great opportunities” for analysts on both the business owner side as well as the insurance company side, according to Michael Haugen (JS Held), in an article in the April issue of Business Valuation Update.