Legal Firestorm Hits Delaware SPACs
Well a firestorm hit the legal world of special purpose acquisition corporations (SPACs) when the Delaware Court of Chancery (Lori W. Will, VC) denied motions to dismiss various allegations of some of the public stockholders of Churchill Capital Corp.
Questions a Trier of Fact Will Ask About Your Valuation
The fear of every valuation analyst is to be unprepared to answer a question in a deposition or on the witness stand. Here are some questions a judge or attorney will likely ask, either directed to themselves when reviewing your report or directly to you.
Divorce—Are Trapped-In Gains Trapped or Not?
Two new cases exemplify the need to know the law in the jurisdiction of your case in a marital dissolution (divorce).
Poll: Some BVers say ‘no way’ to testifying in court
About one in five (18%) of business valuation experts who do divorce cases have no interest in testifying in court, according to a recent poll.
Daubert Standard and FRE 702 Rejections on the Rise?
It appears that the courts are rejecting Daubert standard and FRE 702 challenges more frequently. Take a deep dive into potential reasons for this with our legal editor, Jim Alerding.
Business Valuation Case Law Yearbook, 2022 Edition
January 2022 PDF, Softcover (177 pages)
BVR (editor)
Business Valuation Resources, LLC
The legal coverage and in-depth analysis from the BVR legal team deliver lessons learned to help appraisers reach better and more defensible valuation conclusions. All the cases featured in this book impart important lessons about applicable legal principles, approved and discredited valuation methodology, and the act (and art) of presenting expert opinions. This must-have collection benefits both the generalist as well as the specialist.
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Business Valuation Update Yearbook, 2022 Edition
January 2022 PDF (454 pages)
BVR (editor)
Business Valuation Resources, LLC
Demand for Forensic Litigation Professionals Creates Shortages
Lately, there has been chatter about the demand for experienced business valuation forensic litigation specialists exceeding the supply of such people.
Xodus Med. v. Prime Med. (II)
This was a patent infringement case related to technology “related to patient slippage within the context of the Trendelenburg position for surgery—when using a viscoelastic foam.” Ivan T. Hoffmann was the plaintiffs’ damages expert. The defendants sought to exclude Hoffmann’s testimony on lost profits and his opinion of the reasonable royalty. Lost profits should be excluded because “he fails to tie consumer demand for products to the patented features of those products,” and he “does not establish … that, but for the alleged infringement, Plaintiffs would have made each and every sale made by Defendants.” Hoffman’s reasonable royalty analysis should be excluded because Hofmann’s royalty rate calculation of $20.00 represents a 141.8% increase to his $8.27 per unit “starting point,” and he provided no explanation for this substantial increase. The plaintiffs argued that the defendants’ quibbles with Hoffman’s opinion was the stuff of cross-examination but not exclusion. The defendants’ motion was denied.
Court Denies Defendants’ Motion to Exclude Expert Testimony—The Subject of the Testimony Is the Subject of Cross-Examination but Not Exclusion
This was a patent infringement case related to technology “related to patient slippage within the context of the Trendelenburg position for surgery—when using a viscoelastic foam.” Ivan T. Hoffmann was the plaintiffs’ damages expert. The defendants sought to exclude Hoffmann’s testimony on lost profits and his opinion of the reasonable royalty. Lost profits should be excluded because “he fails to tie consumer demand for products to the patented features of those products,” and he “does not establish … that, but for the alleged infringement, Plaintiffs would have made each and every sale made by Defendants.” Hoffman’s reasonable royalty analysis should be excluded because Hofmann’s royalty rate calculation of $20.00 represents a 141.8% increase to his $8.27 per unit “starting point,” and he provided no explanation for this substantial increase. The plaintiffs argued that the defendants’ quibbles with Hoffman’s opinion was the stuff of cross-examination but not exclusion. The defendants’ motion was denied.
Xodus Med. v. Prime Med. (I)
This was a patent infringement case related to technology "related to patient slippage within the context of the Trendelenburg position for surgery—when using a viscoelastic foam." Justin Blok was the defendants’ damages expert. The plaintiffs sought to exclude Blok’s testimony on the reasonable royalty because they contended he used unreliable and irrelevant documents to support his opinion. The defendants argued, and the court agreed, that Blok’s opinions go to the weight and not to the admissibility of his opinions.
Court Denies Plaintiffs’ Motion to Exclude Expert Testimony—The Subject of the Testimony Goes to the Weight and Not the Admissibility
This was a patent infringement case related to technology "related to patient slippage within the context of the Trendelenburg position for surgery—when using a viscoelastic foam." Justin Blok was the defendants’ damages expert. The plaintiffs sought to exclude Blok’s testimony on the reasonable royalty because they contended he used unreliable and irrelevant documents to support his opinion. The defendants argued, and the court agreed, that Blok’s opinions go to the weight and not to the admissibility of his opinions.
Mock trial event this Friday, November 5
At the ASA International Conference in Las Vegas, BVWire chatted with the folks from the Houston ASA Chapter, who are having a full-day mock trail event this Friday, November 5.
Can’t answer a question with a simple yes or no in court?
It is always very interesting to hear what judges have to say about giving expert testimony.
Valuers and Attorneys Advise How to Stay Out of Daubert Trouble
Several sessions at the inaugural BVR National Economic Damages Virtual Conference discussed how valuation experts can avoid the nightmare of having their testimony excluded in court. Of course, much of that applies to any type of case, not just damages.
Federal Tax Litigation, Expert Witnesses, and the IRS
Michael Gregory will address key rules for federal expert witnesses, valuation issues with the IRS, identify key recent BV federal cases, and introduce you to what to expect in 2022. This session will also share information you need from a business valuer that mediates, negotiates, and facilitates alternative dispute resolution to give clients timely closure with significant savings with the IRS and others. After this session you will be able to: reference key federal statutes ...
The BVR Guide to Management Projections and Business Valuation: Analysis and Case Law
June 2021 Hardcover, PDF
BVR (editor)
Business Valuation Resources, LLC
Zoom nightmare: trial verdict overturned
Wandering pets, faux backgrounds, technical glitches, and the like are common during Zoom calls, but it’s a serious matter when it comes to remote testimony in court.
Hitchner reveals tough questions you may get on BV standards
You should be aware of the standards all of the business valuation organizations have issued, not just your own, cautions Jim Hitchner (Financial Valuation Advisors) in the April issue of Hardball With Hitchner.
Patent Infringement Case Provides Judge With a Plethora of Daubert Challenges to Rule on
In this patent infringement case, the court ruled on a plethora of Daubert/Rule 702 challenges. The opinion provides an exhaustive list of Daubert-related issues that the court ruled on and provides a good tutorial on the real purposes of Daubert.
Shire ViroPharma Inc. v. CSL Behring LLC
In this patent infringement case, the court ruled on a plethora of Daubert/Rule 702 challenges. The opinion provides an exhaustive list of Daubert-related issues that the court ruled on and provides a good tutorial on the real purposes of Daubert.
Business Valuation and Bankruptcy: Case Law Compendium, 3rd Edition
March 2021 Hardcover, PDF
BVR (editor)
Business Valuation Resources, LLC
Sink or Swim: The New World of Virtual Testimony
Most people do not realize how different it is appearing in court through virtual technology compared to being there in person. Valuation experts who have not yet had the “pleasure” of attending virtual hearings may be concerned about it—and rightly so. In person, you are in control of how you look and sound, but, when you are online, you are at the mercy of technology, which can make you look good—or very bad. Fortunately, at the recent AAML/BVR Virtual Divorce Conference, valuation experts and attorneys shared their experiences and tips for testifying in a virtual world.
Business Valuation Update Yearbook, 2021 Edition
January 2021 Hardcover, PDF
BVR (editor)
Business Valuation Resources, LLC
2020 Top Business Valuation and Damages Cases
Complicated as the year 2020 was, it was not boring. The past year offered a wealth of lawsuits dealing with business valuation and economic damages issues. The list below shows our Top 10.