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Case Collapses When Experts Apply Wrong Measure of Damages

District court adopts Bankruptcy Court’s finding that expert testimony was inadmissible because the plaintiff’s experts used the wrong method to calculate damages; lost profits were not available where the plaintiff’s business was completely destroyed.

Case Collapses When Experts Apply Wrong Measure of Damages

District court adopts Bankruptcy Court’s finding that expert testimony was inadmissible because the plaintiff’s experts used the wrong method to calculate damages; lost profits were not available where the plaintiff’s business was completely destroyed.

Sherwood Invs. Overseas Ltd. v. Royal Bank of Scot. N.V. (In re Sherwood Invs. Overseas Ltd., Inc.)

District court adopts Bankruptcy Court’s finding that expert testimony was inadmissible because the plaintiff’s experts used the wrong method to calculate damages; lost profits were not available where the plaintiff’s business was completely destroyed.

Court Upbraids Expert Who Discusses Subject Outside Area of Expertise

Under Daubert, federal court curtails trial testimony of defendant’s expert finding he lacked the appropriate qualifications; in a case centering on collateralized debt obligations (CDOs), his financial economics expertise is not even “sufficiently proxim ...

Securities and Exchange Commission v. Tourre

Under Daubert, federal court curtails trial testimony of defendant’s expert finding he lacked the appropriate qualifications; in a case centering on collateralized debt obligations (CDOs), his financial economics expertise is not even “sufficiently proxim ...

Shiftan v. Morgan Joseph Holdings, Inc.

In merger-related appraisal action Del. Chancery agrees with petitioning shareholders that fair value assessment of company as going concern must include the redemption value provided for in the original Certificate of Incorporation.

In re Capmark Financial Group

Bankruptcy court confirms reorganization plan based in large part on “put option” approach to valuing corporate insider guaranties.

Divorce Expert Helps Determine In-Kind Versus Economic Division of Stock

Appellate court reverses the trial court’s in-kind division of 50,000 shares of company stock, finding that wife’s share would be redeemed at below-market, formula price while husband would continue to enjoy dividends and stock appreciation.

Experts Face ‘Formidable Hurdle’ in Proving Lost Profits for Failed Banks

Court finds bank expert fails to prove federal legislation caused bank’s lost profits in breach of contract/Winstar case, when a variety of external and internal factors forced bank to shrink assets and divest risky portfolio.

Winstar Bank Claims Lost Profits During Contract; Feds Argue FMV at Breach

Federal court confirms damages award in Winstar case based on lost profits of a company that bank was forced to divest as a result of the government’s breach.

In re Marriage of Armour

Appellate court reverses the trial court’s in-kind division of 50,000 shares of company stock, finding that wife’s share would be redeemed at below-market, formula price while husband would continue to enjoy dividends and stock appreciation.

Anchor Savings Bank v. United States

Federal court confirms damages award in Winstar case based on lost profits of a company that bank was forced to divest as a result of the government’s breach.

Northeast Savings, F.A. v. United States

Court finds bank expert fails to prove federal legislation caused bank’s lost profits in breach of contract/Winstar case, when a variety of external and internal factors forced bank to shrink assets and divest risky portfolio.

Another Savings and Loan Case Sets Precedent for Expert Proof in Valuing Failed Banks

Bank purchases ailing federal thrift before passage of FIRREA; afterward, the government’s regulatory forbearances become worthless and bank loses $13.7 million of the purchase price, as supported by expert evidence regarding value of forbearances.

Lost Value of Failed Bank Turns on Expert Evidence of Market Cap and Control

U.S. Court of Appeals affirms Court of Claim’s award of $373 million for lost business value of troubled bank during savings and loan scandals, including a 50% control premium for lost enterprise/franchise value.

First Annapolis Bancorp., Inc. v. the United States

Bank purchases ailing federal thrift before passage of FIRREA; afterward, the government’s regulatory forbearances become worthless and bank loses $13.7 million of the purchase price, as supported by expert evidence regarding value of forbearances.

Slattery v. U.S.

U.S. Court of Appeals affirms Court of Claim’s award of $373 million for lost business value of troubled bank during savings and loan scandals, including a 50% control premium for lost enterprise/franchise value.

Waller v. Pidgeon

Insolvency of hedge funds turns on book value versus "fair valuation" of debts.

Some Hindsight Permitted In Fair Market Valuation of Pre-IPO Stock Options

Court expands “bright-line” rule to permit limited evidence of post-breach events for valuing company stock on eve of initial public offering.

Boyce v. Soundview Technology Group

Court expands “bright-line” rule to permit limited evidence of post-breach events for valuing company stock on eve of initial public offering.

New York court pays lip service to Daubert while admitting expert testimony arguably unreliable under analysis of factors

This is a class action of securities fraud litigation in which the defendants moved for summary judgment as to various claims. As part of this proceeding, one of the defendants (defendant) m ...

Primavera Familienstifung v. Askin

Two issues in this case were a new pricing method for collateralized mortgage obligations, and a evaluation of Daubert standards for expert testimony.

Bidwell v. Bidwell (I)

At issue is the valuation of husband's brokerage house.

Valuation based on earnings prevails over book value

The main issue in the trial of the marital dissolution was the value of husband's business, Bidwell & Company.

Request for Forced Sale Denied

The Oregon Court of Appeals declined to permit the value of a husband’s brokerage business, determined to be $57 million at the time of the divorce, to be fixed years after the divorce by a sale of the business.

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