NetApp, Inc. v. Cinelli
The defendant hid improper recording of revenue from use of internal software in unaudited financial statements that were represented to be GAAP-compliant. The defendant was held to have breached the merger/sale contract in a manner that resulted in fraud. The plaintiff was awarded damages. The court accepted the expert’s GPCM as the most “responsible estimate” of the private company’s value as it was presented to the plaintiff.
Seller Breached Terms of Merger Agreement Including That Statements Were GAAP-Compliant—Expert’s GPCM Accepted
The defendant hid improper recording of revenue from use of internal software in unaudited financial statements that were represented to be GAAP-compliant. The defendant was held to have breached the merger/sale contract in a manner that resulted in fraud. The plaintiff was awarded damages. The court accepted the expert’s GPCM as the most “responsible estimate” of the private company’s value as it was presented to the plaintiff.
City of Fort Collins v. Open Int’l, LLC
In a breach of contract suit concerning failure of vendor to deliver software, the court considered and ruled on motions to exclude certain expert witnesses. The court denied most motions while granting some motions in part.
U.S. District Court (Colorado) Rules on Motions to Exclude Testimony of Expert Witnesses
In a breach of contract suit concerning failure of vendor to deliver software, the court considered and ruled on motions to exclude certain expert witnesses. The court denied most motions while granting some motions in part.
Parties' Motions to Exclude Each Other’s Experts Are Granted in Part and Denied in Part
In this trade secrets and breach of contract case, portions of each expert’s testimony were found to be offering a factual narrative that is within the purview of a lay jury to ascertain. Those portions of testimony were excluded for both experts, but the parties’ arguments as to the qualifications of the experts and supposed reliance of an expert on the work of another were denied.
Redcell Corp. v. A.J. Trucco, Inc.
In this trade secrets and breach of contract case, portions of each expert’s testimony were found to be offering a factual narrative that is within the purview of a lay jury to ascertain. Those portions of testimony were excluded for both experts, but the parties’ arguments as to the qualifications of the experts and supposed reliance of an expert on the work of another were denied.
Dell, Inc. v. Magnetar Global Event Driven Master Fund Ltd. (II)
High Court rejects Chancery’s decision to disregard deal price entirely in favor of court’s DCF analysis; record belies Chancery’s finding that deal price undervalued company stock, High Court says, urging adoption of deal price as fair value on remand.
Delaware Supreme Court Rebukes Chancery for Disregarding Deal Price
High Court rejects Chancery’s decision to disregard deal price entirely in favor of court’s DCF analysis; record belies Chancery’s finding that deal price undervalued company stock, High Court says, urging adoption of deal price as fair value on remand.
Chancery Rejects Deal Price Based on Unquantifiable ‘Sales Process Mispricing’
For statutory appraisal, Chancery says sales process related to management buyout “functioned imperfectly as a price discovery tool” and gives no weight to final merger price; court relies exclusively on DCF analysis to derive fair value of the company.
In re Appraisal of Dell Inc.
For statutory appraisal, Chancery says sales process related to management buyout “functioned imperfectly as a price discovery tool” and gives no weight to final merger price; court relies exclusively on DCF analysis to derive fair value of the company.
Federal Circuit Restricts Patent Damages to ‘Smallest Salable Infringing Unit’
Federal Circuit requires the apportionment analysis for patent infringement claims to focus on the “smallest saleable unit.”
LaserDynamics, Inc. v. Quanta Computer, Inc. (V)
Federal Circuit requires the apportionment analysis for patent infringement claims to focus on the “smallest saleable unit.”
Court Adds Undeposited Check to Value of Business
Court finds that net asset value of healthcare software company includes un-deposited earnings, despite husband’s contention that the check was for future services.
McRae v. McRae
Court finds that net asset value of healthcare software company includes undeposited earnings, despite husband’s contention that the check was for future services.
LaserDynamics, Inc. v. Quanta Computer, Inc. (IV)
Federal court excludes defendant’s damages expert under Daubert for offering an opinion regarding available, non-infringing alternatives to the patents in suit without providing any facts supporting whether such alternatives in fact existed and whether th ...
LaserDynamics, Inc. v. Quanta Computer, Inc. (III)
Federal law does not bar the admission of reasonable royalty agreements when the patentee seeks a lump sum payout.
LaserDynamics, Inc. v. Quanta Computer, Inc. (II)
Federal court excludes expert’s royalty rate under Daubert for relying on entire market value rule without credible economic foundation and for relying on non-comparable licenses as well as nonspecific, overly broad industry survey.
LaserDynamics, Inc. v. Quanta Computer, Inc. (I)
Federal district court finds $52 million damages award for patent infringement excessive, based largely on improper allocation of the entire market value rule by the plaintiff’s expert.
Chancery court charts own course in appraisal action
The issue in this appraisal action was the value of the shares of eMachines Inc., a company that provided low-cost computer goods to consumers.
Gholl v. eMachines, Inc.
The issue in this appraisal action was the value of the shares of eMachines Inc., a company that provided low-cost computer goods to consumers.
Chunn v. Chunn
At issue is the valuation of husband's software company.
Inclusion of business as a party in divorce proceeding shot down by appellate court
Husband attempted to include Software Dynamics Corporation as a party to this divorce proceeding on appeal. The Court of Appeals held that the corporation "is merely an asset of the marita ...
United States v. Data Translation
Suit claiming that when GSA and DTI negotiated the contract, DTI failed properly to disclose the prices at which it sold its boards to other, non-governmental customers.