Working Effectively With Attorneys (How to Be a Better Expert)
You’ve honed your valuation skills through education, training, and experience and have been educating clients about what their businesses have been worth for years. Now litigation counsel is asking you to educate judges and juries about the economics of a complex commercial dispute. The best way to be an effective expert, in addition to having those well-honed skills, is to gain an understanding of both the litigation forum and the general needs of counsel. This ...
Storytelling for the Expert Witness (A BVR Workshop)
In this webinar, forensic expert Michael Kaplan and jury trial consultant and communications specialist Jesse Wilson introduce you to the powerful storytelling skills that will transform technically accurate, matter-of-fact testimony into a compelling and persuasive story.
BV News and Trends October 2023
A monthly roundup of key developments of interest to business valuation experts.
Global BVU News and Trends October 2023
Business valuation news from a global perspective.
Doe v. Trs. of Dartmouth Coll.
The defendant in this action, trustees of Dartmouth College, moved to have the testimony of the plaintiff’s expert as to lost wages and lost earning capacity excluded. The plaintiff had filed an action against the defendant for breach of contract and violation of Title IX by expelling him from Dartmouth’s Geisel School of Medicine. The court granted in part and denied in part the motion to exclude.
U.S. District Court Allows Expert Testimony on Lost Wages and Lost Earning Capacity in a Title IX Private Action
The defendant in this action, trustees of Dartmouth College, moved to have the testimony of the plaintiff’s expert as to lost wages and lost earning capacity excluded. The plaintiff had filed an action against the defendant for breach of contract and violation of Title IX by expelling him from Dartmouth’s Geisel School of Medicine. The court granted in part and denied in part the motion to exclude.
Lack of BV credential triggers a Daubert challenge
In a bankruptcy case in South Carolina, the defendants moved to exclude evidence of an expert, which included his exhibits and valuation report.
Points to know from the VSCPA conference
The annual two-day Forensic and Valuation Conference hosted by the Virginia State Society of CPAs is one event we never miss.
JBrick, LLC v. Chazak Kinder, Inc.
The defendants challenged the testimony of the plaintiff’s damages expert, and the plaintiff challenged the testimony of the defendants’ damages rebuttal expert. The case involved a Lego interpretation model of the Second Beit Hamikdash, or Second Holy Temple, and an alleged infringement of the copyright on this model. The court struck the plaintiff’s expert’s damages of a product related to the Temple Product but allowed testimony of damages on the Temple Product. The court also struck the plaintiff’s expert’s testimony that the plaintiff should be awarded lost profits on the Temple Product plus a disgorgement of the defendants’ profits. Both may not be awarded. The court also struck portions of the defendants’ rebuttal testimony and report.
Daubert Challenges on Experts on Damages Partially Successful
The defendants challenged the testimony of the plaintiff’s damages expert, and the plaintiff challenged the testimony of the defendants’ damages rebuttal expert. The case involved a Lego interpretation model of the Second Beit Hamikdash, or Second Holy Temple, and an alleged infringement of the copyright on this model. The court struck the plaintiff’s expert’s damages of a product related to the Temple Product but allowed testimony of damages on the Temple Product. The court also struck the plaintiff’s expert’s testimony that the plaintiff should be awarded lost profits on the Temple Product plus a disgorgement of the defendants’ profits. Both may not be awarded. The court also struck portions of the defendants’ rebuttal testimony and report.
New Rule 702 crackdown already impacting expert witnesses
Although they don’t officially go into effect until December 1, expert witnesses are already feeling the effects of the changes designed to strengthen Rule 702, which is the federal rule of evidence regarding testifying experts.
Vieira v. Think Tank Logistics, LLC (In re Levesque)
In this adversary Chapter 7 proceeding, the trustee sought to avoid the debtor’s transfer of his interest in two corporate entities and either recover the interests or the value of such interests from the defendants. As part of this proceeding, the court was asked to decide on two motions in limine regarding an valuation expert from each side. The motions (Daubert) asked that the experts not be allowed to testify. The court granted in part and denied in part the motions of the parties.
Bankruptcy Court (South Carolina) Grants in Part and Denies in Part Motions to Exclude Experts in Daubert Motions
In this adversary Chapter 7 proceeding, the trustee sought to avoid the debtor’s transfer of his interest in two corporate entities and either recover the interests or the value of such interests from the defendants. As part of this proceeding, the court was asked to decide on two motions in limine regarding an valuation expert from each side. The motions (Daubert) asked that the experts not be allowed to testify. The court granted in part and denied in part the motions of the parties.
First-ever ASA conference on litigation in valuation
Mark November 30 on your calendar for the debut of Litigation in Valuation Conference from the American Society of Appraisers (ASA).
Global BV News: CBV perspectives on litigation
Canadian valuation experts have done a new video in the Litigation Support Video Series from the CBV Institute, Canada’s valuation professional organization (VPO).
A Good Example of a Powerful Visual for a Valuation Report
At the recent New York State Society of CPAs’ Business Valuation and Litigation Services Conference, Chris Mercer (Mercer Capital) gave a good example of an effective visual designed to convey a complex issue to a client or trier of fact.
BVLaw: A Look Behind the Curtain
Case law is the backbone of most business valu¬ations. This article educates and informs readers on the breadth of coverage and depth of unique expertise available in BVLaw, which saves practitioners and attorneys alike hours of research time.
BV News and Trends July 2023
A monthly roundup of key developments of interest to business valuation experts.
Why should BV experts care about court cases?
That was a question posed during a preconference session at NACVA’s Super Conference last week.
Attorney gets Daubert challenge over ESOP employment agreements
In a federal court in Georgia, an employee benefits lawyer prepared a report and was deposed regarding the process by which employment agreements were negotiated as part of a transaction involving an ESOP.
Financial expert guide added to BVResearch Pro
The Financial Expert Guide for Family Law Judges and Attorneys, National Edition, is now on your digital bookshelf if you are a subscriber to the BVResearch Pro platform.
City of Fort Collins v. Open Int’l, LLC
In a breach of contract suit concerning failure of vendor to deliver software, the court considered and ruled on motions to exclude certain expert witnesses. The court denied most motions while granting some motions in part.
U.S. District Court (Colorado) Rules on Motions to Exclude Testimony of Expert Witnesses
In a breach of contract suit concerning failure of vendor to deliver software, the court considered and ruled on motions to exclude certain expert witnesses. The court denied most motions while granting some motions in part.
Financial Expert Guide for Family Law Judges and Attorneys, National Edition
April 2023 PDF, Softcover (413 pages)
John Tatlock, Kevin Yeanoplos, Ron Seigneur
Business Valuation Resources, LLC
New case involves dispute over company-specific risk
In a Minnesota shareholder buyout matter, the two opposing valuation experts disagreed over the risk associated with customer concentration.