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Flowers Bakeries Brand, Inc. v. Interstate Bakeries Corp.

Federal court admits reasonable royalty rates based on past licensing agreements, but bars lost profits evidence that fails to account for market factors that could have caused the loss.

Are Damages Opinions Based ‘Almost Exclusively’ on Management Opinions Too Unreliable?

Lost profits calculations, based exclusively on management projections, called into question by U.S. District Court.

U.S. Salt, Inc. v. Broken Arrow, Inc.

Lost profits calculations, based exclusively on management projections, called into question by U.S. District Court.

Expert Valuations a ‘Sideshow’ Compared to Capital Pricing Markets

3rd Circuit upholds District Court finding that objective evidence from public equity market is superior to expert valuations.

Experts Left ‘in the Dark’ By Deliberately Manipulated Management Projectionsb

Management deliberately manipulates projections, without experts’ knowledge; court determines enterprise value nonetheless, adjusting and weighting reports.

VFB LLC v. Campbell Soup Co. (II)

3rd Circuit upholds District Court finding that objective evidence from public equity market is superior to expert valuations.

Expert Valuation Report Disqualified Under Daubert for ‘Maverick’ DCF Analysis

Bankruptcy court precludes valuation report (under Daubert) for use of “maverick” DCF analysis.

In re Nellson Nutraceutical (II)

Management deliberately manipulates projections, without experts’ knowledge; court determines enterprise value nonetheless, adjusting and weighting reports.

In re Nellson Nutraceutical (I)

Bankruptcy court precludes valuation report (under Daubert) for use of “maverick” DCF analysis.

El Aguila Food Products, Inc., et al. v. Gruma Corporation

The U.S. Court of Appeals for the Fifth Circuit affirmed a district court’s exclusion of a financial expert in this antitrust action because the expert failed to consider the effects of lawful competition and did not consider the comparability of the plaintiff.

Consideration of Lawful Competitive Activity Is Required in Lost Profits Analysis

The U.S. Court of Appeals for the Fifth Circuit affirmed a district court’s exclusion of a financial expert in this antitrust action because the expert failed to consider the effects of lawful competition and did not consider the comparability of the plaintiff.

The Bachman Company v. John C. MacDonald

The U.S. District Court for the Eastern District of Pennsylvania determined that the amount in controversy had not exceeded the $75,000 requirement for federal jurisdiction.

Wesley Vernon Snider III v. Diana Leigh Ashworth Snider

The Virginia Court of Appeals reversed the lower court’s valuation of the parties’ honey business. The valuation was based on testimony from the wife, who also testified that she had no knowledge of the business’ finances or involvement with the business ...

Tax Court Accords Superpremium to Small Voting Block and Allows Deduction of 100% of Trapped-In Capital Gains Tax

Chris Mercer, president of Mercer Capital Management Inc., a leading independent business appraisal firm, abstracts and analyzes what is sure to be one of the most discussed U.S. Tax Court of 1999.

Estate of Richard R. Simplot v. Commissioner of Internal Revenue

At issue is the fair market value of decendent's stock in J.R. Simplot Co.

In re Marriage of Taylor

The issue in this case was the valuation of closely held corporate stock.

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