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Expert Prevails by Documenting Adherence to Valuation Standards

In fraud case, court rejects Daubert challenge, finding expert sufficiently identified assumptions and estimates she relied on and properly re-created subject company’s financial situation based on AICPA standards and authoritative valuation treatises.

Expert Prevails by Documenting Adherence to Valuation Standards

In fraud case, court rejects Daubert challenge, finding expert sufficiently identified assumptions and estimates she relied on and properly re-created subject company’s financial situation based on AICPA standards and authoritative valuation treatises.

MSKP Oak Grove, LLC v. Venuto

In fraud case, court rejects Daubert challenge, finding expert sufficiently identified assumptions and estimates she relied on and properly re-created subject company’s financial situation based on AICPA standards and authoritative valuation treatises.

Four Experts Vie Over ‘Risk-Neutral’ Valuation of Annuities

Court permits plaintiffs’ expert to present a “risk-neutral,” out-of-pocket damages model for losses due to defendant’s allegedly fraudulent annuity products, finding that the model is commonly accepted in the financial and valuation community and the exp ...

Negrete v. Allianz Life Ins. Co. of N. America

Court permits plaintiffs’ expert to present a “risk-neutral,” out-of-pocket damages model for losses due to defendant’s allegedly fraudulent annuity products, finding that the model is commonly accepted in the financial and valuation community and the exp ...

Lost Profits Experts Must Tailor Damages to the Law and the Facts

Federal district court permits expert to testify regarding damages based on the value of plaintiff’s 5% share in the defendant closely held company, but bars testimony on prejudgment interest, pursuant to state law regarding unliquidated damages.

Expert Evidence Sufficient to Certify Securities Class But Requires More for Damages

Court relies on plaintiffs’ expert market event study to certify class for fraud claims based on speculative hedging contracts but warns that the same evidence may not be sufficiently reliable to prove classwide damages.

Gresh v. Waste Services of America

Federal district court permits expert to testify regarding damages based on the value of plaintiff’s 5% share in the defendant closely held company, but bars testimony on prejudgment interest, pursuant to state law regarding unliquidated damages.

Gresh v. Waste Services of America

Plaintiff Gerald Gresh commenced this civil action against Defendants, Waste Services of America, Inc. (WSA), W. Todd Skaggs, James P. Dalton and River Cities Disposal, LLC (RCD).

In re Sadia Securities Litigation

Court relies on plaintiffs’ expert market event study to certify class for fraud claims based on speculative hedging contracts, but warns that the same evidence may not be sufficiently reliable to prove class-wide damages.

Mass Drug Pricing Fraud Turns on Aggregate ‘Loss of Value’ Evidence

Massive claims of drug-overpricing turn on expert evidence of aggregate “loss of value” to Medicaid and other third-party payers.

Valuation of Noncompetes Critical to Multimillion-Dollar Fraudulent Transfer Case

Court relies on expert evidence to value multimillion-dollar noncompetition agreements in fraudulent transfer case.

In re Zyprexa Products Liability Litigation

Massive claims of drug-overpricing turn on expert evidence of aggregate “loss of value” to Medicaid and other third-party payors.

Expert’s Market Valuation Tested Under Frye Standard

Court admits expert testimony under state rule similar to the Frye standard regarding wide range of fair market value indicators for subsidiaries.

IGF Insurance Co. v. Continental Casualty Co. (I)

Court relies on expert evidence to value multi-million dollar non-competition agreements in fraudulent transfer case.

IGF Insurance Co. v. Continental Casualty Co. (II)

Court finds expert valuation of business non-competes and consulting agreements under “four-factor” test reliable under the Daubert standard.

IP Valuation Fails to Follow Accepted BV Guidelines in Shareholder Derivative Suit

Court excludes IP valuation evidence under the new business rule but grants new trial because defendants failed to make a sufficient objection during the original proceedings.

Lost Customer Account: Must Damages Account for Lost Profits, Not Lost Value?

Court upholds $1.6 million damages award for value of lost customer accounts, rejecting defendants’ argument that, according to applicable law, the proper and exclusive measure of damages is lost future profits.

8000 Maryland, LLC v. Huntleigh Financial Services, Inc.

Court admits expert testimony under state rule similar to the Frye standard regarding wide range of fair market value indicators for subsidiaries.

Netquote v. Byrd (II)

Court upholds $1.6 million damages award for lost value of lost customer accounts, rejecting defendants’ argument that according to applicable law, the proper and exclusive measure of damages is lost future profits.

Cement-Lock v. Gas Technology Institute

Court excludes IP valuation evidence under the new business rule, but grants new trial because defendants failed to make a sufficient objection during the original proceedings.

Lack of Independent Business Valuation Affects Viability of Fraud Claims

Failure to obtain an independent valuation of medical business costs plaintiff in the long-run.

Lusins v. Cohen

Failure to obtain an independent valuation of medical business costs plaintiff in the long-run.

Limiting Conditions Shield Appraisers From Third-Party Reliance on Reports

Clear limiting language in appraisal successfully shields against third-party reliance and lawsuit for negligent appraisal.

Should Solvency Valuation Include Ongoing but Undiscovered Fraud?

Bankruptcy court considers whether pervasive Medicare fraud, actual but undetected at valuation date, affects solvency.

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