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Court Credits Debtor’s Asset Valuations but Rejects Chapter 11 Plan

Court finds debtor is hopelessly insolvent; court values two types of oil and gas assets under NAV and precedent transaction analyses, respectively, finding, in terms of NAV analysis, debtor’s expert is more credible on issues of pricing, forecasting, risking, and predicting costs.

In re Breitburn Energy Partners LP

Court finds debtor is hopelessly insolvent; court values two types of oil and gas assets under NAV and precedent transaction analyses, respectively, finding, in terms of NAV analysis, debtor’s expert is more credible on issues of pricing, forecasting, risking, and predicting costs.

Breach of Noncompete Means Damages for ‘Loss Sustained’ and Lost Profits

In breach of noncompete case, appeals court finds measure of damages is not limited to net loss; statute allows damages “for the loss sustained” in addition to lost profits, and trial court properly credited and adjusted expert’s typical damages models.

Pattridge v. Starks

In breach of noncompete case, appeals court finds measure of damages is not limited to net loss; statute allows damages “for the loss sustained” in addition to lost profits, and trial court properly credited and adjusted expert’s typical damages models.

FRE 702 Ruling Puts Expert in ‘Uncommon Position’

Court affirms magistrate judge’s decision to exclude expert’s ultimate conclusions but to admit his factual statements; under Rule 702, he had the specialized knowledge to provide background information helpful to court’s understanding of the evidence.

Ross v. Rothstein

Court affirms magistrate judge’s decision to exclude expert’s ultimate conclusions but to admit his factual statements; under Rule 702, he had the specialized knowledge to provide background information helpful to court’s understanding of the evidence.

Bankruptcy Court Wary of Asset Approach in Solvency Analysis

Bankruptcy Court values Chapter 11 debtor on a going concern basis and finds the income approach is best suited to determine solvency at the time of critical financial transactions; the defendants’ expert properly relied on a contemporaneous Goldman Sachs ...

Prior Deal’s Royalty Formula Captures Trade Secret’s Value

In trade secret case, appellate court affirms award for actual damages stemming from defendant gas & oil company’s misappropriation of plaintiff scientists’ study; expert reservoir engineer properly relied on the compensation formula of plaintiffs’ prior ...

Southwestern Energy Production Co. v. Berry-Helfand

In trade secret case, appellate court affirms award for actual damages stemming from defendant gas & oil company’s misappropriation of plaintiff scientists’ study; expert reservoir engineer properly relied on the compensation formula of plaintiffs’ prior ...

Whyte v. C/R Energy Coinvestment II, L.P. (In re SemCrud)

Bankruptcy Court values Chapter 11 debtor on a going concern basis and finds the income approach is best suited to determine solvency at the time of critical financial transactions; the defendants’ expert properly relied on a contemporaneous Goldman Sachs ...

Road Map for Reasonable Royalty in Oil and Gas Trade Secrets Case

Court denies lost profits damages for trade secret misappropriation in oil and gas case, but calculates $15.8 million reasonable royalty award based on prior “licenses” (farmout and joint exploration agreements) that were particular to the plaintiff and c ...

Reasonable Royalty Cannot Assume a ‘Financial Catastrophe’

Court excludes expert’s reasonable royalty analysis because it assumed a “financially catastrophic” deal for the licensor, one that would have eliminated all profits and revenues.

TXCO Resources, Inc. v. Peregrine Petroleum, LLC (In re: TXCO Resources, Inc.)

Court denies lost profits damages for trade secret misappropriation in oil and gas case, but calculates $15.8 million reasonable royalty award based on prior “licenses” (farmout and joint exploration agreements) that were particular to the plaintiff and c ...

WesternGeco LLC v. ION Geophysical Corp.

Court excludes expert’s reasonable royalty analysis because it assumed a “financially catastrophic” deal for the licensor, one that would have eliminated all profits and revenues.

David E. Boone v. Peggy H. Boone

The Louisiana Court of Appeals, Second Circuit determined that distributions to a shareholder from an S Corporation following the termination of the marital regime should be characterized as income rather than civil fruits because the corporation had few ...

Post-Valuation Date Subchapter S Distributions Characterized as Earnings Rather than Property

The Louisiana Court of Appeals, Second Circuit determined that distributions to a shareholder from an S Corporation following the termination of the marital regime should be characterized as income rather than civil fruits.

Paula L. Johnson v. Richard E. Johnson

The Mississippi Court of Appeals reversed the lower court’s characterization of three closely held businesses (two of which were established during the marriage) as the husband’s separate property because the lower court erred when it determined that the ...

Businesses Established During the Marriage Are Marital Property

The Mississippi Court of Appeals reversed the lower court’s characterization of three closely held businesses (two of which were established during the marriage) as the husband’s separate property because the lower court erred when it determined that the ...

Short-form Merger Not Subject to 'Entire Fairness' Standard

In this class action, plaintiffs, who were minority shareholders of a subsidiary corporation, Unocal Exploration Corp., filed suit against the parent corporation, Unocal, and its directors.

Glassman v. Unocal Exploration Corp.

At issue is the fiduciary duties owed by a parent corporation to the subsidiary’s minority stockholders in the context of a "short-form" merger.

In re: Unocal Exploration Corp.

At issue is breach of fiduciary duty.

Interstate Oil and Supply Company, et al. v. Troutman Oil Company

The Supreme Court of Arkansas affirmed the lost profits award to a gasoline distributor for breach of a supply contract with a service station.

Overhead Is Not Deducted When Calculating Lost Profits

The Supreme Court of Arkansas affirmed the lost profits award to a gasoline distributor for breach of a supply contract with a service station.

Liquidation Premise and Small Minority Discount Upheld

On appeal, the court found that the trial court erred in valuing Sun Well Service, Wife's interest in Imperial Oil of North Dakota and Husband's retirement accounts.

Marvin L. Kaiser v. Lillian Kaiser

The North Dakota Supreme Court affirmed the lower court's valuation of the parties' two business.

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