Edward E. Lucente v. International Business Machines Corporation (II)
The U.S. Court of Appeals for the Second Circuit reversed damage awards for breach of stock option and restricted stock contracts. It noted that the district court improperly used the conversion measure of damages. It stated that damages in a contract ac ...
CSC Holdings, Inc. v. Frank P. Redisi, Sr. et al.
The U.S. Court of Appeals for the Seventh Circuit remanded the lost profits award for violation of the Cable Communications Policy Act of 1984. The Seventh Circuit found the damage award was not based on real world viewing habits of cable customers in de ...
Lost Profits Award for Violation of Cable Communications Act Reversed
The U.S. Court of Appeals for the Seventh Circuit remanded the lost profits award for violation of the Cable Communications Policy Act of 1984. The Seventh Circuit found the damage award was not based on real world viewing habits of cable customers in de ...
How to value lost profits and economic damages
This article describes the general approaches to the analysis of intellectual property (IP), such as trademarks, copyrights, patents, and trade secrets, for purposes of estimating lost profits and economic damages.
Infinity Products, Inc. v. Herbert Quandt and Fabri-Tech, Inc.
The Indiana Court of Appeals affirmed a lost profits award for misappropriation of trade secrets. The court rejected the position that because Infinity had entered the business by acquisition, it should be precluded from recovering lost profits because i ...
Shonda Brown, et al. v. Ruallam Enterprises, Inc. (II)
The Arkansas Court of Appeals adjusted an award of the wrongdoer’s profits to reflect commission, telephone and salary expenses that were not considered in the lower court’s determination in this misappropriation of trade secrets case. It also affirmed t ...
Cacique, Inc., et al v. Stella Foods, Inc., et al
The California Court of Appeals, Second District affirmed a jury’s determination of lost profits. The lost profits award was based on expert testimony. The expert measured Cacique’s actual loss by showing that, but for the extraordinary advertising costs ...
Lost Profits Recoverable for Misappropriation of Trade Secret
The Wisconsin Supreme Court concluded that World Wide could recover lost profits for Mikulsky’s manufacture and marketing of a defective product incorporating World Wide’s trade secret under Wisconsin’s version of the Uniform Trade Secrets Act.
World Wide Prosthetic Supply, Inc. v. Robert J. Mikulsky
The Wisconsin Supreme Court concluded that World Wide could recover lost profits for Mikulsky’s manufacture and marketing of a defective product incorporating World Wide’s trade secret under Wisconsin’s version of the Uniform Trade Secrets Act.
KIds' Universe, et al. v. In2Labs, et al.
The California Court of Appeals for the First District affirmed the lower court's decision denying Kids' Universe recovery of lost profits from a stillborn Internet toy store. The expert compared the subject company to one successful Internet toy company ...
Lost Profits Must Be Reasonably Certain
The California Court of Appeals for the 1st District affirmed the lower court's decision denying Kids' Universe recovery of lost profits from a stillborn internet toy store.
From experts in valuation in each of nine industry groups to a takeoff on Survivor, AICPA BV Conference offers variety
The 2001 AICPA Business Valuation Conference held at the Venetian in Las Vegas December 2-4 was attended by 840 people (by the way, the Venetian served the best conference food that I've ever experienced).
Damages for False Advertising Reversed
The 4th Circuit reversed the district court’s award of damages for Block’s violation of the Lanham Act. It found that the district court improperly calculated damages using gross profit rather than net profit.
JTH Tax, Inc. v. H & R Block Eastern Tax Services, Inc., et al.
The 4th Circuit reversed the district court’s award of damages for Block’s violation of the Lanham Act. It found that the district court improperly calculated damages using gross profit rather than net profit.
Oyster Software, Inc. v. Forms Processing, Inc., et al.
The U.S. District Court for the Northern District of California granted summary judgment on the issue of lost profits in this Internet trademark infringement case. Oyster’s expert reasoned that the decline in the number of hits to Oyster’s website during ...
What's new online at BVLibrary.com
BVLibrary is a website designed with the business valuation professional in mind. It offers instant access to the latest business valuation research ...
Available Line of Credit Evidences Ability to Pay
The California Court of Appeal considered whether Zaxis had the ability to pay a punitive damages award. The appellate court noted that while Zaxis had a negative net worth for accounting purposes, it had available $19 million cash on hand and a $50 million credit line.
Zaxis Wireless Communications, Inc. v. Motor Sound Corporation, et al.
The California Court of Appeal considered whether Zaxis had the ability to pay a punitive damages award. The appellate court noted that while Zaxis had a negative net worth for accounting purposes, it had available $19 million cash on hand and a $50 million credit line.
Courts have great discretion in timing of Daubert determinations
At the American Bar Association Annual Meeting in New York, N.Y., from July 6-12, 2000, the Section of Litigation sponsored a seminar on business damages after Kumho Tire. This article is an excerpt from the written materials presented for that seminar.
Troy Shockley v. Arcan, Inc., et al.
The U.S. Court of Appeals for the Federal Circuit reversed an award of lost profits for Arcan’s infringement of Shockley’s patent. The Federal Circuit found that the lost profits evidence was unsubstantiated because it was based on sales Shockley assumed ...
Children's Broadcasting Corporation v. The Walt Disney Company, et al. (II)
The U.S. Court of Appeals for the Eighth Circuit affirmed the lower court’s decision to award a new trial on damages in this breach of contract and misappropriation of trade secrets case. Both parties were involved in the radio broadcasting business.
Unreasonable Assumptions in Discounted Cash Flow Analysis Result in Testimony Stricken Under Daubert
The U.S. Court of Appeals for the Eighth Circuit affirmed the lower court’s decision to award a new trial on damages in this breach of contract and misappropriation of trade secrets case. Both parties were involved in the radio broadcasting business.
KW Plastics v. United States Can Co.
At issue is the admittance of expert testimony.
Simon Property Group, L.P. v. mySimon, Inc.
The U.S. District Court for the Southern District of Indiana reversed a damage award for mySimon’s infringement of the “Simon” mark. The damages were determined as a percentage of mySimon’s value (determined by reference to the price CNET paid to acquire ...
George Heiner v. Kmart Corporation
The California Court of Appeal considered whether the introduction of lost profits testimony in a personal injury action.