Expand the following panels for additional search options.

Fairness Opinion Triggers Viable Aiding and Abetting Claim Against Financial Advisor

In dispute over related-party transaction, court upholds aiding and abetting claim against financial advisor; plaintiffs produced enough facts to show fairness opinion ignored most relevant precedent transaction and other valuation metrics indicating the buyer was overpaying for contested asset.

Mesirov v. Enbridge Energy Co.

In dispute over related-party transaction, court upholds aiding and abetting claim against financial advisor; plaintiffs produced enough facts to show fairness opinion ignored most relevant precedent transaction and other valuation metrics indicating the buyer was overpaying for contested asset.

In re Appraisal Solera Holdings, Inc.

In an appraisal proceeding, the Chancery finds the deal price minus synergies provides the best evidence of fair value; court says there was an efficient market and the sales process, though not perfect, was able to deliver the value generated in an arm’s-length transaction.

Delaware Chancery Says Reasonably Sound Sales Process Delivered Fair Value

In an appraisal proceeding, the Chancery finds the deal price minus synergies provides the best evidence of fair value; court says there was an efficient market and the sales process, though not perfect, was able to deliver the value generated in an arm’s-length transaction.

Court Rejects Appreciation in Value Calculation, Citing SSVS Violations

In appreciation in value case, court excludes nonowner spouse’s valuation testimony under Daubert, finding expert’s calculation of “minimum marital component” is not a methodology approved under the applicable SSVS for determining fair market value and also violated other SSVS requirements.

Hebert v. Cote

In appreciation in value case, court excludes nonowner spouse’s valuation testimony under Daubert, finding expert’s calculation of “minimum marital component” is not a methodology approved under the applicable SSVS for determining fair market value and also violated other SSVS requirements.

Chancery Relies on ‘Simple and Powerful’ DCF for Fair Value

Chancery finds gap separating fair value determinations of three valuation experts in a merger involving a privately held company “alarmingly” wide; court says only the DCF, “a simple and powerful concept,” achieves a reliable indicator of fair value.

Chancery Relies on ‘Simple and Powerful’ DCF for Fair Value

Chancery finds gap separating fair value determinations of three valuation experts in a merger involving a privately held company “alarmingly” wide; court says only the DCF, “a simple and powerful concept,” achieves a reliable indicator of fair value.

In re ISN Software Corp. Appraisal Litig.

Chancery finds gap separating fair value determinations of three valuation experts in a merger involving a privately held company “alarmingly” wide; court says only the DCF, “a simple and powerful concept,” achieves a reliable indicator of fair value.

Court Declares Lost Profits Analysis ‘Goes Too Far’

Court says nontraditional lost profits theory goes “too far” as it assumes sales occurred pursuant to a license the parties negotiated but never actually executed and assumes revenue derived not only from patents-in-suit, but also related unpatented softw ...

Immersion Corp. v. HTC Corp.

Court says nontraditional lost profits theory goes “too far” as it assumes sales occurred pursuant to a license the parties negotiated but never actually executed and assumes revenue derived not only from patents-in-suit, but also related unpatented softw ...

Nash Bargaining Solution a ‘Non-Starter’ for Royalty Analysis

Under Daubert, court excludes royalty analysis that claims parties would have agreed to equal profit share, finding it was based on the discredited Nash Bargaining Solution, a “non-starter in a world where damages must be tied to the facts of the case.”

May Expert Use Valuation With Unknown Discounts for Royalty Analysis?

Court says no requirement exists that expert’s royalty analysis only consider transactions that are both technologically and economically comparable and finds Daubert allows for a reasonable royalty calculation based on a valuation of patent in suit embed ...

Plaintiff’s Infringement Theory Constrains Apportionment

Court denies defendant’s Daubert motion finding plaintiff expert determined royalty base consistent with plaintiff’s infringement theory that defendant’s entire product infringed and the product was not functional without the patented technology.

Robocast, Inc. v. Microsoft Corp. (II)

Under Daubert, court excludes royalty analysis that claims parties would have agreed to equal profit share, finding it was based on the discredited Nash Bargaining Solution, a “non-starter in a world where damages must be tied to the facts of the case.”

Robocast, Inc. v. Microsoft Corp. (I)

Court says no requirement exists that expert’s royalty analysis only consider transactions that are both technologically and economically comparable and finds Daubert allows for a reasonable royalty calculation based on a valuation of patent in suit embed ...

Chancery Trusts DCF to Home In on Common Stock Value

Court of Chancery finds the defendant directors proved “entire fairness” despite a management incentive plan and large liquidation preference that rendered the sales process unfair to common stockholders and left them with no proceeds; defendant expert’s ...

Personalized Media Communications, LLC v. Zynga, Inc.

Court denies defendant’s Daubert motion finding plaintiff expert determined royalty base consistent with plaintiff’s infringement theory that defendant’s entire product infringed and the product was not functional without the patented technology.

In re Trados Inc.

Court of Chancery finds the defendant directors proved “entire fairness” despite a management incentive plan and large liquidation preference that rendered the sales process unfair to common stockholders and left them with no proceeds; defendant expert’s ...

Microsoft Corp. v. Motorola, Inc. (II)

Following expert testimony from both sides on the appropriate RAND rate, the federal court ordered Microsoft to pay Motorola $1.8 million a year in royalties for using certain patented features that are part of the H.264 video and 802.11 wireless standard ...

Does Apportionment Rule Extend to Trade Secrets Cases?

Federal district court declines opportunity to apply entire market value rule to damages in trade secrets case, and affirms $2 million award based on expert’s attributing all of the profits from contracts to the stolen technology.

Test Case Considers Proper Framework for RAND Royalty Rates

Federal district court rules that the adaptable Daubert standard can accommodate two different frameworks for analyzing RAND royalty rates for standard-essential patents, a typical “bilateral” hypothetical negotiation between the parties and a fairly new ...

Microsoft Corp. v. Motorola, Inc. (I)

Federal district court rules that the adaptable Daubert standard can accommodate two different frameworks for analyzing RAND royalty rates for standard-essential patents, a typical “bilateral” hypothetical negotiation between the parties and a fairly new ...

Versata Software, Inc. v. Internet Brands, Inc.

Federal district court declines opportunity to apply entire market value rule to damages in trade secrets case, and affirms $2 million award based on expert’s attributing all of the profits from contracts to the stolen technology.

Must Damages Experts Know the Applicable Law Before Taking a Case?

Court denies Daubert motion against plaintiffs’ expert, finding he applied the correct formula for calculating breach of contract damages for failing to register stock under Delaware law.

1 - 25 of 53 results