Book Review: Best Practices: Thought Leadership in Valuation, Damages, and Transfer Price Analysis
A “gem” is what this reviewer calls a new book by Robert F. Reilly and Robert P. Schweihs of Willamette Management Associates.
A ‘gem’ of a book from Reilly and Schweihs
That’s what Roberto H. Castro (Central Washington Appraisal, Economics & Forensics LLC and Gravis Law PLLC) says in his review of Best Practices—Thought Leadership in Valuation, Damages, and Transfer Price Analysis.
Court Finds Delayed Disclosure of Expert’s Complete Report ‘Substantially Justified’
Court denies defendants’ Rule 37 motion to exclude opposing expert’s report and testimony; court notes reason for expert report’s ...
Wright v. Old Gringo, Inc.
Court denies defendants’ Rule 37 motion to exclude opposing expert’s report and testimony; court notes reason for expert report’s lateness was defendants’ litigation strategy, including efforts to thwart production of financial information vital for valuation of company and damages calculation.
Eurochem North America Corp. v. Ganske
Court finds proposed expert testimony inadmissible under Rule 702 and Daubert where expert did not himself prepare the value determination, conceded any estimate of value by his firm was prepared for marketing purposes, and where damages model that expert testimony supported was fatally flawed.
Lack of Valuation Credentials Does Not Disqualify Expert, but Failure to Perform Valuation Does, Court Finds
Court finds proposed expert testimony inadmissible under Rule 702 and Daubert where expert did not himself prepare the value determination, conceded any estimate of value by his firm was prepared for marketing purposes, and where damages model that expert testimony supported was fatally flawed.
2019 Key Valuation and Damages Cases
A discussion of the court cases that have dominated the conversation in 2019 among financial experts by making law or influencing attitudes on key valuation issues.
2019 Key Business Valuation and Damages Cases
At the end of every year, BVLaw takes stock of valuation and damages cases that have dominated the conversation among financial experts by making law or influencing in some other way attitudes on key valuation issues. Here is our selection of 2019 cases by Sylvia Golden, Esq., BVR’s executive legal editor.
Lost profits claims fail to meet New York’s strict standard
Establishing lost profits under New York law can be difficult.
BVU News and Trends November 2019
A monthly roundup of key developments of interest to business valuation experts.
Reasonable Certainty for New Business Lost Profit Calculations
New-business lost profit calculations have been a heavily contested topic. Many courts and practitioners rely on historical approaches using historical data of the company itself or a “comparable” company. Join Josh Shilts for a discussion of recent case law and various approaches and learn techniques to validate your lost profit projection. Take these skills and make your report and testimony more defensible.
IceMOS Tech. Corp. v. Omron Corp.
In contract dispute, court denies defendant’s Daubert motions, finding plaintiff’s experts are qualified based on extensive experience in relevant industry; experts could provide testimony relevant to surviving lost development support costs claim and their testimony is not unreliable as of now.
Plaintiff’s Projections Fail to Meet New York Test for Lost Profits or Lost Business Value
A breach of contract case in which the plaintiff asked for various types of economic damages is noteworthy for the court s extended discussion of what the plaintiff must show under New York law to make a case for lost profits. The court explained that the hurdle was particularly high for a new business or a business trying to break into a new market considering the company s lack of a financial track record. Damages must be ...
IceMOS Tech. Corp. v. Omron Corp.
In contract dispute, court says claims for lost profits and lost business value fail because, for both, plaintiff is unable to determine damages with reasonable certainty; relying solely on projections of future performance, without any proof of profit, is not enough under New York law.
Plaintiff’s Projections Fail to Meet New York Test for Lost Profits or Lost Business Value
A breach of contract case in which the plaintiff asked for various types of economic damages is noteworthy for the court s extended discussion of what the plaintiff must show under New York law to make a case for lost profits. The court explained that the hurdle was particularly high for a new business or a business trying to break into a new market considering the company s lack of a financial track record. Damages must be ...
Cline v. Sunoco
In class-certification context, court says plaintiff’s damages expert meets Rule 702/Daubert requirements as they apply in early stage of litigation; expert is qualified, and, damages model, even if not fully developed, provides a sufficiently reliable way to calculate damages on classwide basis.
Expert Testimony Offered at Class-Certification Stage Survives Daubert Challenge
In class-certification context, court says plaintiff’s damages expert meets Rule 702/Daubert requirements as they apply in early stage of litigation; expert is qualified, and, damages model, even if not fully developed, provides a sufficiently reliable way to calculate damages on classwide basis.
AICPA updates practice aid on IP damages
The fourth volume of Calculating Intellectual Property Infringement Damages, an AICPA practice aid, has been issued, and it’s more streamlined and focused than prior editions.
Reasonable Certainty for New Business Lost Profit Calculations
A recent court decision has provided practical guidance for experts to mitigate concerns over providing speculative, unsupported lost profit estimations for a new business. The author also provides an example of a recent engagement.
Expert’s Reasonable Royalty Properly Captured Value Added by Plaintiff’s Invention
Court denies defendants’ post-trial challenge to jury award; court finds award was based on a theory of reasonable royalty, not lost profits, as defendants claim; plaintiff expert’s royalty rate properly captured value added by plaintiff’s patent and relationship between plaintiff and defendants.
Simo Holdings, Inc. v. H.K. uCloudlink Network Tech. Ltd.
Court denies defendants’ post-trial challenge to jury award; court finds award was based on a theory of reasonable royalty, not lost profits, as defendants claim; plaintiff expert’s royalty rate properly captured value added by plaintiff’s patent and relationship between plaintiff and defendants.
Calculating Damages in Intellectual Property Disputes: New Guidance
The 4th edition of the AICPA/CIMA Practice Aid for Calculating Damages in Intellectual Property Disputes is out, and, in the six years since the last edition, damages law and the intellectual property damages climate have changed in many areas. Join Drew Voth and Jeff Press to learn about the changes to the theories, techniques, and oft-cited case law addressed by intellectual property damages experts in the patent, copyright, trademark, and trade secret areas. The AICPA ...
Damages Expert’s ‘Before/After’ Lost Profits Analysis Bolsters Plaintiff’s Defamation Case
In defamation and business disparagement case against former employer, appeals court affirms jury award to cardiovascular surgeon compensating for injury to reputation and lost profits; expert’s before/after analysis was supported by evidence, and expert ruled out other causes for lost business.
Mem’l Hermann Health Sys. v. Gomez
In defamation and business disparagement case against former employer, appeals court affirms jury award to cardiovascular surgeon compensating for injury to reputation and lost profits; expert’s before/after analysis was supported by evidence, and expert ruled out other causes for lost business.
Front-Burner Issues Presented at This Year’s NYSSCPA BV Conference
Inputs into the cost of capital, cryptocurrency, and financial projections are just a few of the important topics discussed at the annual business valuation conference of the New York State Society of CPAs (NYSSCPA) in New York City. BVU attends this event every year, and here are a few takeaways from the sessions.