Benchmarking Methodology Passes Daubert Challenge in the 6th Circuit
Economic damages expert survives Daubert challenge to his qualifications and cost estimates using common benchmarking methodology.
Tharo Systems, Inc. v. cab Produckttechnick GmbH & Co. KG
Economic damages expert survives Daubert challenge to his qualifications and cost estimates using common benchmarking methodology.
Weinstein v. Weinstein (III)
Does an analyst’s due diligence extend to a duty to uncover fraud?
American Logistics Group, Inc. v. Joseph Weinpert
The Ohio Court of Appeals, 8th District, affirmed an award of lost profits in this breach of non-compete agreement action.
Appellate court presented with incomplete record has no choice but to affirm
At issue in this marital dissolution case was the value of husband’s security software company, AnnaZach Software.
Lannes v. Lannes
At issue in this marital dissolution case was the value of husband's security software company, AnnaZach Software.
Software Company Value Based on Value of Wholly-Owned Subsidiary Only
One issue in this Chapter 11 bankruptcy case was the value of debtor’s software company, Alta+Cast LLC.
Mohamad Rashedi, et al. v. John McCue, et al.
The California Court of Appeals affirmed the lower court’s order of a new trial on damages in this defamation and interference with prospective economic advantage case. The lower court determined that the jury’s award of lost profits, which was based enti ...
Lost Profits Estimates Must Be Supported by Actual Earnings
The California Court of Appeals affirmed the lower court’s order of a new trial on damages in this defamation and interference with prospective economic advantage case.
In re Alta+Cast LLC
At issue was the valuation of debtor's software corporation in Chapter 11 banckruptcy.
Ubertaccio v Ubertaccio
Wife claim that her stock valuation should have a coverture formula applied is denied because the stock benefit was found to be the result of marital effort.
Alabama Joins 'No Marketability Discount' Trend in Shareholder Actions
The issue of first impression in this dissenting shareholder action was whether the trial court's application of a marketability discount in determining the fair value of the dissenters shares in a cash-out merger was appropriate.
Date of vesting used to value undisclosed stock options
The husband's expert used the date of the divorce decree to value the husband's undisclosed and unvested stock options. The trial court required a revaluation using the date of vesting as th ...
McRoberts Software, Inc. v. Media 100, Inc.
The U.S. Court of Appeals for the Seventh Circuit affirmed a jury's award of lost profits and actual damages in McRoberts suit for copyright infringement, trade secret misappropriation and breach of contract. McRoberts developed software to run on a Macin ...
No Proof of 'Loss Causation' Required in Massachusetts for Common Law Fraud Claim
In this action for fraud and misrepresentation against an accounting firm for deceptive financial reporting, the auditors moved for summary judgment on the grounds that the plaintiff investors could not show that their losses were caused by the misrepresentations.
James Offenbecher v. Baron Services, Inc. (III)
Baron Services, Inc., an Alabama corporation ("Baron Services"), petitioned this Court for a writ of certiorari to review whether the Court of Civil Appeals erred in reversing the trial court's judgment with respect to the fair value of Baro ...
Ayyad v. Rashid
In this dissolution case, we must decide whether the trial court correctly valued employee stock options.
Reisman v. KPMG Peat Marwick LLP
At issue is the misrepresentation of the revenue of a business in which the plaintiff held stock by the defendant.
Marketability Discount Rejected as Allowing Unfair Squeeze-Out; Prior Appellate Opinion to the Contrary Replaced on Rehearing
This opinion is the result of an application for rehearing in the Alabama Court of Appeals and replaces the court's earlier opinion of May 18, 2001.
James Offenbecher v. Baron Services, Inc. (II)
Baron Services, Inc., acting pursuant to § 10-2B-13.30, Ala. Code 1975, sued James Offenbecher, one of its minority shareholders, seeking a determination of the fair value of Offenbecher's stock. Baron Services paid $72,488.49, its estimate of th ...
Interactive Pictures Corp. v. Infinite Pictures, Inc.
The U.S. Court of Appeals for the Federal Circuit affirmed the district court’s reasonable royalty award for patent infringement based on a hypothetical negotiation. The court concluded that a paid up royalty of 10% over five years was appropriate. The aw ...
Reasonable Royalty Based on Hypothetical Negotiation
The U.S. Court of Appeals for the Federal Circuit affirmed the district court’s reasonable royalty award for patent infringement based on a hypothetical negotiation. The court concluded that a paid up royalty of 10% over five years was appropriate. The aw ...
Oyster Software, Inc. v. Forms Processing, Inc., et al.
The U.S. District Court for the Northern District of California granted summary judgment on the issue of lost profits in this Internet trademark infringement case. Oyster’s expert reasoned that the decline in the number of hits to Oyster’s website during ...
Kinesoft Development Corporation v. Softbank Holdings Inc.
The U.S. District Court for the Northern District of Illinois declined to award future lost profits to a computer game developer and applied the new business rule in this breach of contract case.
New Business Rule Applied to Business With Operating History
The U.S. District Court for the Northern District of Illinois declined to award future lost profits to a computer game developer and applied the new business rule in this breach of contract case.
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