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IceMOS Tech. Corp. v. Omron Corp.

In contract dispute, court says claims for lost profits and lost business value fail because, for both, plaintiff is unable to determine damages with reasonable certainty; relying solely on projections of future performance, without any proof of profit, is not enough under New York law.

Plaintiff’s Projections Fail to Meet New York Test for Lost Profits or Lost Business Value

A breach of contract case in which the plaintiff asked for various types of economic damages is noteworthy for the court s extended discussion of what the plaintiff must show under New York law to make a case for lost profits. The court explained that the hurdle was particularly high for a new business or a business trying to break into a new market considering the company s lack of a financial track record. Damages must be ...

Some courts prefer back-of-the-envelope calculations, expert says

Although some appraisers are categorically opposed to calculation engagements, it is not unusual for courts to want a back-of-the-envelope calculation, a veteran BV expert says.

Cline v. Sunoco

In class-certification context, court says plaintiff’s damages expert meets Rule 702/Daubert requirements as they apply in early stage of litigation; expert is qualified, and, damages model, even if not fully developed, provides a sufficiently reliable way to calculate damages on classwide basis.

Expert Testimony Offered at Class-Certification Stage Survives Daubert Challenge

In class-certification context, court says plaintiff’s damages expert meets Rule 702/Daubert requirements as they apply in early stage of litigation; expert is qualified, and, damages model, even if not fully developed, provides a sufficiently reliable way to calculate damages on classwide basis.

Reasonable Certainty for New Business Lost Profit Calculations

A recent court decision has provided practical guidance for experts to mitigate concerns over providing speculative, unsupported lost profit estimations for a new business. The author also provides an example of a recent engagement.

Calculating Damages in Intellectual Property Disputes: New Guidance

The 4th edition of the AICPA/CIMA Practice Aid for Calculating Damages in Intellectual Property Disputes is out, and, in the six years since the last edition, damages law and the intellectual property damages climate have changed in many areas. Join Drew Voth and Jeff Press to learn about the changes to the theories, techniques, and oft-cited case law addressed by intellectual property damages experts in the patent, copyright, trademark, and trade secret areas. The AICPA ...

Damages Expert’s ‘Before/After’ Lost Profits Analysis Bolsters Plaintiff’s Defamation Case

In defamation and business disparagement case against former employer, appeals court affirms jury award to cardiovascular surgeon compensating for injury to reputation and lost profits; expert’s before/after analysis was supported by evidence, and expert ruled out other causes for lost business.

Mem’l Hermann Health Sys. v. Gomez

In defamation and business disparagement case against former employer, appeals court affirms jury award to cardiovascular surgeon compensating for injury to reputation and lost profits; expert’s before/after analysis was supported by evidence, and expert ruled out other causes for lost business.

In Misappropriation Case, Expert’s ‘Head Start’ Damages Calculation Survives Appeal

In breach of fiduciary duty and misappropriation case, appeals court upholds arbitration award of “head start” damages; expert for employer calculated value to the employee from owing equity in competing company whose valuation was higher because of employee’s misconduct toward former employer.

Sabre GLBL, Inc. v. Shan

In breach of fiduciary duty and misappropriation case, appeals court upholds arbitration award of “head start” damages; expert for employer calculated value to the employee from owing equity in competing company whose valuation was higher because of employee’s misconduct toward former employer.

Evolving Issues in Proving Lost Profits in Commercial Litigation

The authors provide a formal model of lost profits with a special focus on measurement of expenses, how “time” is a factor, and special efforts the expert needs to make to reduce the chances of failing a Daubert challenge.

Alkayali v. Boukhari

Appeals court upholds valuation of plaintiff’s interest in dissolved company and jury award; plaintiff expert’s analysis of sales transactions of comparable companies was admissible; Pratt’s Stats/DealStats database provided a reliable basis for expert to identify relevant sales, court says.

Court Validates Expert’s Reliance on Pratt’s Stats/DealStats for Sales Transaction Analysis

Appeals court upholds valuation of plaintiff’s interest in dissolved company and jury award; plaintiff expert’s analysis of sales transactions of comparable companies was admissible; Pratt’s Stats/DealStats database provided a reliable basis for expert to identify relevant sales, court says.

Economic damages culminate suit over war journalist’s extrajudicial killing

A civil suit arising out of the “deliberated” killing of a well-respected American war correspondent illustrates that valuation and damages issues play a critical role in most litigation.

Valuing IP associated with influencer marketing

Social media has transformed the “nobodies” of the past into new “somebodies” who have influence over the online audience.

Business Valuation Update Yearbook, 2019 Edition

February 2019 PDF

BVR (editor)

Business Valuation Resources, LLC

BVR has you covered with the Business Valuation Update Yearbook 2019. This newest edition from the publishers of Business Valuation Update covers the year’s most groundbreaking and thought-provoking advancements in business valuation, and more. This critical desktop reference keeps you ahead of your peers with on-the-ground reporting from valuation experts, thought-leaders, and BVR’s editorial team. Learn more >>

2018 key valuation and damages cases

At year-end, Sylvia Golden, BVR’s executive legal editor, provides a roundup of the key business valuation and damages cases. Here are her choices for 2018. Some of the courts’ decisions have changed the legal landscape and are must-know cases. Other rulings are confined to the specific case, but they contain important lessons for appraisers of how to, and, more often, how not to, perform as a financial expert.

Auto Dealership Valuation and Damages: Under the Hood (A BVR Web Workshop)

For BVR's first workshop of the year, experts Adam Lawyer, Robert Davis, Stephen Dietrich, and Joseph Roesner put the pedal to the metal on what you need to know about valuing auto dealerships. Participants will get a top-of-the-line understanding of the different dealership models and the industry as a whole. Why should you attend? —Practical tips and advice: Join our auto industry expert panel to get current and practical tips for your next auto dealership valuation; —Valuation ...

My Imagination v. M.Z. Berger & Co. (II)

Court denies plaintiff’s motion for reconsideration, affirming earlier finding that the expert did not offer an opinion as to damages for loss of business value; expert never offered any opinion of business’s value at any time, court says.

Cargotec Corp. v. Logan Industries

Appeals court majority strikes down lost profits and diminished business value awards, finding plaintiff failed to show causation and its damages expert based his calculations on management’s business plan without substantiating the plan’s underlying (unreasonable) gross profit goals.

Court’s Majority Says Expert’s Reliance on Management Projections Was Unreasonable

Appeals court majority strikes down lost profits and diminished business value awards, finding plaintiff failed to show causation and its damages expert based his calculations on management’s business plan without substantiating the plan’s underlying (unreasonable) gross profit goals.

Court Limits Damages for Copyright Infringement, Noting Lack of ‘Causal Nexus’

Ruling on defendant’s post-trial motions, court reduces damages for copyright infringement where plaintiff’s expert included in damage calculation defendant’s profits for years for which the plaintiff failed to show “causal nexus” between profits claimed and the actual infringement.

Infogroup, Inc. v. Database USA.com LLC

Ruling on defendant’s post-trial motions, court reduces damages for copyright infringement where plaintiff’s expert included in damage calculation defendant’s profits for years for which the plaintiff failed to show “causal nexus” between profits claimed and the actual infringement.

Court Says Daubert’s ‘Gatekeeper’ Role Favors Inclusion, Not Exclusion

In contract and tort case, court declines to exclude plaintiff’s damages expert, noting court’s gatekeeping function “is not a role that emphasizes exclusion of expert testimony”; expert’s background in economics and business valuation experience qualified him to value subject company.

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