Rembrandt Social Media, LP v. Facebook
Court excludes plaintiff expert testimony under Daubert, finding both the expert’s royalty base and rate determinations fatally flawed due to the expert’s inexact apportionment; in valuing damages, he failed to compensate only for the infringement caused ...
No Taboo Against Marketability Discount in Shareholder Suit
In dissenting shareholder action, appellate court finds trial court had discretion to dismiss valuations from parties’ experts as “prejudiced” and draw on a third-party investor proposal for a “more realistic value” of the subject company; it also affirms ...
Tutunikov v. Markov
In dissenting shareholder action, appellate court finds trial court had discretion to dismiss valuations from parties’ experts as “prejudiced” and draw on a third-party investor proposal for a “more realistic value” of the subject company; it also affirms ...
‘Outlandish’ Valuation Supports Possibly Frivolous Claims
Case against auditing firm supported by 'outlandish' damages claims.
Maxwell v. KPMG, LLP
Case against auditing firm supported by 'outlandish' damages claims.
American Logistics Group, Inc. v. Joseph Weinpert
The Ohio Court of Appeals, 8th District, affirmed an award of lost profits in this breach of non-compete agreement action.
Andrew Luce v. Terence Hanrahan
The California Court of Appeals, First District reversed an unjust enrichment damages award in this misappropriation of trade secrets matter. The court ruled that the wrongdoer’s compensation should be deducted from the wrongdoer’s gross profits to the ex ...
Wrongdoer’s Compensation Should Be Considered in Calculating Unjust Enrichment Damages
The California Court of Appeals, First District reversed an unjust enrichment damages award in this misappropriation of trade secrets matter. The court ruled that the wrongdoer’s compensation should be deducted from the wrongdoer’s gross profits to the ex ...
John Guarino and Ryan Smith v. Interactive Objects, Inc.
The Washington Court of Appeals determined that the defendant company and its corporate insiders ran afoul of the Washington State Securities Act (WSSA) when it did not disclose information regarding a potential merger of the company when it negotiated a ...
Specifics of Merger Negotiations Need to Be Disclosed When Negotiating the Purchase of Stock by the Company or Corporate Insiders
The Washington Court of Appeals determined that the defendant company and its corporate insiders ran afoul of the Washington State Securities Act (WSSA) when it did not disclose information regarding a potential merger of the company when it negotiated a repurchase of its stock from the plaintiffs.
Shareholder Agreement Using Par Value Enforced
Timothy Strickland was a former employee and shareholder of CADD Centers of Florida Inc.
CADD Centers of Florida, Inc. v. Strickland
The issue in this case was the par value of a former employee and shareholder’s stock pursuant to a shareholder agreement.
Proxy Statement Need Not Disclose Black-Scholes Option Value
Plaintiff Seinfeld was a shareholder of Cisco Systems Inc. In 1999, the board of directors obtained shareholder approval to amend Ciscos Automatic Option Grant Program to raise the number of options granted to outside directors.
Seinfeld v. Bartz
Seinfeld filed a suit against Cisco and its board because it did not include the Black-Scholes valuation of the options in the proxy statement.
Court of Appeals Determines Whether an Interest in a Corporation Was Properly Valued
Husband contests the trial court's valuation of his 65% interest in Advanced Integrated Technology, a computer consulting business.
Cheatham v. Cheatham
Issue is the valuation of husband's 65% interest in a computer consulting business, and whether the wife's expert erred in failing to consider pattern of declining earnings.
Hunt v. Hunt
At issue is the valuation of husband's interest in a computer service business.