Available Remedies for Trade Secret Damages
An excerpt from the recently released Comprehensive Guide to Economic Damages, 5th edition (Nancy Fannon and Jonathan Dunitz, editors).
Meridian Mfg. v. C&B Mfg.
Court admits expert opinion that reasonable royalty cannot exceed cost of developing noninfringing alternative because opinion is based on facts of the case; court excludes opposing expert’s royalty because he failed to assess comparability of selected licenses to patented technology.
Underdeveloped Comparability Analysis Means Exclusion of Reasonable Royalty Opinion
Court admits expert opinion that reasonable royalty cannot exceed cost of developing noninfringing alternative because opinion is based on facts of the case; court excludes opposing expert’s royalty because he failed to assess comparability of selected licenses to patented technology.
New Guidance in Updated Edition of Economic Damages Book
The editors of The Comprehensive Guide to Economic Damages, Nancy J. Fannon, CPA, ASA, MCBA (Marcum LLP), and Jonathan M. Dunitz, Esq. (Verrill Dana), talk about the book and give some insights on economic damages.
Courts are alert to valuations unmoored from the facts
Perhaps experts feel pressure from the hiring attorney or the client, perhaps they are unable to access key documents or information, or perhaps they simply lack valuation and litigation experience.
Expert’s Failure to Explain Basis for Compensation Analysis Renders Testimony Inadmissible
In condemnation case requiring fair market value analysis to determine compensation due to landowners, court excludes defense expert testimony, citing failure to follow mandated methodology and standard of value; court calls aspects of loss calculation based on income approach “disturbing.”
Rover Pipeline LLC v. 10.55 Acres
In condemnation case requiring fair market value analysis to determine compensation due to landowners, court excludes defense expert testimony, citing failure to follow mandated methodology and standard of value; court calls aspects of loss calculation based on income approach “disturbing.”
New edition of essential guide to damages
The latest thinking on economic damages is in the new 5th edition of The Comprehensive Guide to Economic Damages, edited by Nancy J. Fannon (Marcum) and Jonathan Dunitz, Esq. (Verrill Dana).
Supreme Court allows recovery for lost foreign profits
In a much-anticipated patent infringement ruling, the U.S. Supreme Court recently expanded the scope of damages under certain circumstances.
[More] BV buzz from NACVA’s annual conference
In the last issue, we included some takeaways from some of the sessions we attended at the annual conference of the National Association of Certified Valuators and Analysts (NACVA) in Las Vegas.
Tips and Takeaways From the NYSSCPA BV Conference
BVU attended the annual business valuation conference of the New York State Society of CPAs (NYSSCPA) on May 21 in New York City. As usual, it was an excellent conference, and here are a few takeaways from the sessions.
Tips and takeaways from the NYSSCPA BV event
BVWire attended the annual business valuation conference of the New York State Society of CPAs (NYSSCPA) on May 21 in New York City.
BVU News and Trends June 2018
A monthly roundup of key developments of interest to business valuation experts.
San Bernardino Cty. Trans. Auth. v. Byun
In eminent domain case, appeals court says trial court’s exclusion of defendants’ valuation expert was justified where expert simply adopted another expert’s valuation without testing the raw financial data and being able to substantiate the other expert’s assumptions and conclusions.
‘Wholesale’ Adoption of Another’s Valuation Makes Expert Testimony Worthless
In eminent domain case, appeals court says trial court’s exclusion of defendants’ valuation expert was justified where expert simply adopted another expert’s valuation without testing the raw financial data and being able to substantiate the other expert’s assumptions and conclusions.
Damages Claim Fails to Provide Yardsticks Capturing Defunct Startup’s Value
Appeals court upholds zero damages finding in dispute involving short-lived software startup, where plaintiff’s expert had no experience valuing software companies, misapprehended basic facts, and developed multimillion-dollar valuations for a company with no product, no revenue, and no investors.
Zaffarkhan v. Domesek
Appeals court upholds zero damages finding in dispute involving short-lived software startup, where plaintiff’s expert had no experience valuing software companies, misapprehended basic facts, and developed multimillion-dollar valuations for a company with no product, no revenue, and no investors.
ESOP case alive (for now), but court limits damages testimony under Daubert
In a developing ESOP case, the government recently suffered a setback when the court agreed with the trustee that portions of the damages testimony the government’s expert proposed failed to hold up under the Daubert reliability prong.
Willamette’s spring Insights issue is available
The Spring 2018 issue of Insights from Willamette Management Associates is titled “Thought Leadership in Breach of Fiduciary Duty Tort Claims—Valuation and Damages Analyses.”
Crocker v. Greater Colo. Anesthesia
Appeals court agrees with trial court that deal price does not reflect target’s fair value because price resulting from merger of medical entities compensated shareholders for agreeing to substantial future pay reduction and for making other concessions.
Deal Price Represents Unreliable Starting Point for Fair Value Calculation
Appeals court agrees with trial court that deal price does not reflect target’s fair value because price resulting from merger of medical entities compensated shareholders for agreeing to substantial future pay reduction and for making other concessions.
Takeaways From the AICPA FVS Conference
We attended many of the sessions at the AICPA’s 2017 Forensic and Valuation Services conference in Las Vegas along with over 1,000 attendees and found no shortage of tips, ideas, and advice.
Court shows itself flexible on apportioning for royalty calculation
It’s written in stone that experts developing a reasonable royalty for a multicomponent product must be careful to apportion damages to the product’s protected features. However, there is flexibility in how experts perform the apportionment, the Federal Circuit recently confirmed.
Lost profits case awaiting Supreme Court decision
The United States Supreme Court has agreed to review a patent infringement case on the scope of damages. The issue is whether a patent holder may obtain lost profits for actions that occurred outside the United States, where the patentee has proven a domestic act of infringement.
2017’s Top Business Valuation and Damages Cases
BVLaw’s selection of the most educational cases of 2017.