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Court Finds Facts Back Expert’s Value-Per-Subscriber Metric

Court finds trust failed to prove insolvency; its expert’s use of DCF alone was inappropriate where there were no cash flow projections untainted by fraud, but competing expert’s market-based approach and value per subscriber analysis were solid.

Adelphia Recovery Trust v. FPL Group, Inc. (In re Adelphia Corp.)

Court finds trust failed to prove insolvency; its expert’s use of DCF alone was inappropriate where there were no cash flow projections untainted by fraud, but competing expert’s market-based approach and value per subscriber analysis were solid.

May IP Experts Rely on Post Hoc Licenses in Calculating Royalties?

Federal Circuit affirms $115 million damages award for infringement, affirming expert’s reliance on a licensing agreement that took place two years past the date of the hypothetical negotiation.

ActiveVideo Networks, Inc. v. Verizon Communications, Inc.

Federal Circuit affirms $115 million damages award for infringement, affirming expert’s reliance on a licensing agreement that took place two years past the date of the hypothetical negotiation.

Delaware Chancery Rejects DCF in Breach of Contract/Damages Litigation

Delaware Chancery Court applies a multiple of EBITDA analysis in assessing breach of contract expectancy damages, expressly rejecting DCF approach and fair market value.

WaveDivision Holdings, Inc. v. Millennium Digital Media Systems, LLC

Delaware Chancery Court applies a multiple of EBITDA analysis in assessing breach of contract expectancy damages, expressly rejecting DCF approach and fair market value.

Whitley v Comcast of Georgia

Before the Court is Defendant’s Motion for Partial Summary Judgment. [Doc. 32]. Though this motion, Defendant seeks summary judgment on Plaintiff’s claim for lost earnings. For the reasons explained below, Defendant’s motion is DENIED.

Court Rejects DCF Approach Where Inputs Are 'Untethered to Reality'

In this appraisal action, the only valuation issue was the value of only one of the merged company’s assets.

Finkelstein v. Liberty Digital, Inc.

In this appraisal action, the only valuation issue was the value of only one of the merged company's assets.

CSC Holdings, Inc. v. Frank P. Redisi, Sr. et al.

The U.S. Court of Appeals for the Seventh Circuit remanded the lost profits award for violation of the Cable Communications Policy Act of 1984. The Seventh Circuit found the damage award was not based on real world viewing habits of cable customers in de ...

Lost Profits Award for Violation of Cable Communications Act Reversed

The U.S. Court of Appeals for the Seventh Circuit remanded the lost profits award for violation of the Cable Communications Policy Act of 1984. The Seventh Circuit found the damage award was not based on real world viewing habits of cable customers in de ...

Schonfeld v. Hilliard

The U.S. Court of Appeals for the 2nd Circuit affirmed in part and reversed in part a lower court's damage award for breach of contract.

Television Station’s Supply Contract Valued by Reference to an Unconsummated Sale

The U.S. Court of Appeals for the 2nd Circuit affirmed in part and reversed in part a lower court's damage award for breach of contract.

United International Holdings, Inc., et al. v. The Wharf (Holdings) Limited, et al.

The 10th Circuit Court of Appeals affirmed the district court's award of damages for breach of contract and SEC Rule 10(b)-5 violations.

New Business Rule Overcome by Expert Testimony

The 10th Circuit Court of Appeals affirmed the district court's award of damages for breach of contract and SEC Rule 10(b)-5 violations.

Unit-Rule Method Rejected Because Intangibles Included

Scripps Howard cable company challenged the ad valorem (property) tax assessment of its tangible property, as determined by Ed Havill, the county property appraiser.

Havill v. Scripps Howard Cable Co.

Issue was whether local property tax assessment properly used the income/unit rule method of valuation, which included valuation of intangible property.

Ex Parte Communications Invalidate Arbitrator's Award

At issue is whether ex parte communication by an appraiser in determining a combined minority and marketability discount constituted "undue means" and therefore invalidated the use of the discounts in reaching the valuation conclusion.

Wojdak v. Greater Philadelphia Cablevision, Inc.

Issue was whether ex parte communications with third parties by an arbitrator constituted undue means and invalidated the arbitrator's award.

Continential Cablevision, Inc. v. Alvin I. Poll; Cabletronics, et al.

The Ninth Circuit Court of Appeals determined that statutory damages arising under the Communications Act are for all violations involved in the action rather than for each violation, otherwise the damages would be larger than the actual damages.

Statutory Damages for ALL Violations, Not EACH Violation Involved in the Action

The Ninth Circuit Court of Appeals determined that statutory damages arising under the Communications Act are for all violations involved in the action rather than for each violation, otherwise the damages would be larger than the actual damages.

In re Marriage of Monslow

At issue is the valuation of husband's patents for a cable television service.

Potential Value of Patent Is Divisible Marital Property

The Kansas Supreme Court affirmed the lower court's decision to award the wife a 40% interest in any income, after the reimbursement of out-of-pocket expenses.

Court Upholds Discounts Imposed by Arbitrator

Limited partners put interests in a cable television partnership to the general partner under put and call provisions of the partnership agreement.

Multi-Channel TV Cable Operating Company d/b/a Adelphia Cable v. Quality Cable Operating Co., et al.

The Fourth Circuit affirmed the lower court's award of lost profits and lost future profits on a cable television provider's claim of tortious interference with existing and potential contractual relationships. The damages were calculated using a competi ...

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