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Court Validates Expert’s Reliance on Pratt’s Stats/DealStats for Sales Transaction Analysis

Appeals court upholds valuation of plaintiff’s interest in dissolved company and jury award; plaintiff expert’s analysis of sales transactions of comparable companies was admissible; Pratt’s Stats/DealStats database provided a reliable basis for expert to identify relevant sales, court says.

Alkayali v. Boukhari

Appeals court upholds valuation of plaintiff’s interest in dissolved company and jury award; plaintiff expert’s analysis of sales transactions of comparable companies was admissible; Pratt’s Stats/DealStats database provided a reliable basis for expert to identify relevant sales, court says.

Stephanos v. Stephanos (In re Marriage of Stephanos)

Trial court adopts goodwill value determination of wife’s expert (residual method) as well as expert’s finding that none of goodwill in family business is personal to owner spouse; business’s success was not dependent on owner’s continued presence or his execution of a noncompete, court says.

Divorce Court Finds No Personal Goodwill Value in Single-Owner Business

Trial court adopts goodwill value determination of wife’s expert (residual method) as well as expert’s finding that none of goodwill in family business is personal to owner spouse; business’s success was not dependent on owner’s continued presence or his execution of a noncompete, court says.

Noven Pharmaceuticals v Novartis Pharmaceuticals

In breach of contract action, court finds defendant’s valuation report is discoverable; report is relevant to an issue in dispute and not protected by attorney-client privilege or work-product doctrine where valuation was not done solely in anticipation of litigation but had mixed purpose.

Court Finds Defendant’s Valuation Had ‘Mixed Purpose’ and Orders Disclosure

In breach of contract action, court finds defendant’s valuation report is discoverable; report is relevant to an issue in dispute and not protected by attorney-client privilege or work-product doctrine where valuation was not done solely in anticipation of litigation but had mixed purpose.

Failure to Do Independent Price Impact Analysis Begets Class Certification

Court certifies securities fraud class action where plaintiff expert’s analysis shows market efficiency and where defense expert fails to perform independent event study to show lack of price impact and disprove effect of alleged misrepresentations.

Li v. Aeterna Zentaris, Inc.

Court certifies securities fraud class action where plaintiff expert’s analysis shows market efficiency and where defense expert fails to perform independent event study to show lack of price impact and disprove effect of alleged misrepresentations.

2nd Circuit Chafes at Wholesale Exclusion of Loss Causation Testimony

Second Circuit says district court “went astray” when, under Daubert, it excluded entire loss causation and damages testimony of plaintiffs’ expert instead of just eliminating unreliable part; appeals court ruling revives securities fraud class action.

Showers v. Pfizer, Inc. (In re Pfizer Inc. Sec. Litig.)

Second Circuit says district court “went astray” when, under Daubert, it excluded entire loss causation and damages testimony of plaintiffs’ expert instead of just eliminating unreliable part; appeals court ruling revives securities fraud class action.

SIGA Technologies, Inc. v. PharmAthene, Inc.

In major pharmaceutical case, state Supreme Court finds DE Chancery did not abuse its discretion when it awarded plaintiff lump-sum expectation damages and its findings supporting the new damages determination were not clearly erroneously.

Federal Circuit Weighs Use of EMVR in Pharmaceutical Case

Federal Circuit affirms award of 50% of gross margin, finding that, even though the entire market value rule is not per se inapplicable in the pharmaceutical context, it does not apply in this case because patents cover the entire infringing product.

AstraZeneca AB v. Apotex Corp.

Federal Circuit affirms award of 50% of gross margin, finding that, even though the entire market value rule is not per se inapplicable in the pharmaceutical context, it does not apply in this case because patents cover the entire infringing product.

Chancery’s Reversal on Damages Opinion Bodes Well for Plaintiff

In a major pharmaceutical case, on remand Delaware Chancery finds plaintiff proved it had a reasonable expectation of profits at the time of breach; court accepts plaintiff expert’s damages model, but orders adjustments, particularly to sales quantity.

PharmAthene, Inc. v. SIGA Technologies, Inc.

In a major pharmaceutical case, on remand Delaware Chancery finds plaintiff proved it had a reasonable expectation of profits at the time of breach; court accepts plaintiff expert’s damages model, but orders adjustments, particularly to sales quantity.

Courts Now Want Experts to Provide Critical Link in Criminal Securities Fraud

Comprehensive expert evidence, including statistical event study, required for government to prove causation in criminal securities fraud case.

United States v. Schiff

Comprehensive expert evidence, including statistical event study, required for government to prove causation in criminal securities fraud case.

Mass Drug Pricing Fraud Turns on Aggregate ‘Loss of Value’ Evidence

Massive claims of drug-overpricing turn on expert evidence of aggregate “loss of value” to Medicaid and other third-party payers.

In re Zyprexa Products Liability Litigation

Massive claims of drug-overpricing turn on expert evidence of aggregate “loss of value” to Medicaid and other third-party payors.

Proving Reasonable Royalty Damages Needs Credible Expert and Market Data

Court precludes a patent owner from testifying to lost profits damages, an area traditionally better served by experts and “true” market analysis.

Von der Ruhr v. Immtech International, Inc.

Court precludes a patent owner from testifying to lost profits damages, an area traditionally better served by experts and “true” market analysis.

Financial Expert Ensures Proof of Reasonable Royalty in Unjust Enrichment Case

1st Circuit upholds 3% reasonable royalty rate award for defendant’s misappropriation of plaintiff’s confidential biotech research.

Massachusetts Eye and Ear Infirmary v. QLT Phototherapeutics, Inc.

First Circuit upholds 3% reasonable royalty rate award for defendant’s misappropriation of plaintiff’s confidential biotech research.

Plaintiff Stakes $1.99 Million Lost Profits Award on Single ‘Benchmark’ Year

Plaintiff loses $1.99 million lost profits award by relying on flawed benchmark sales data.

Hinz v. Neuroscience, Inc.

Plaintiff loses $1.99 million lost profits award by relying on flawed benchmark sales data.

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