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 ...
Lost Profits Based Solely on Business Plan Rejected
The Florida Court of Appeals, 3rd District, reversed an award for lost profits.
North Dade Community Development Corp. v. Dinner's Place, Inc.
The Florida Court of Appeals, 3rd District reversed an award for lost profits.
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 ...
Energy Capital Corp. v. United States
The U.S. Court of Appeals for the Federal Circuit rejected the government’s position that the per se new business rule should be applied to preclude the recovery of the new business’s lost profits.
Risk-Adjusted Discount Rate Should Be Used to Calculate Present Value
The U.S. Court of Appeals for the Federal Circuit rejected the government’s position that the per se new business rule should be applied to preclude the recovery of the new business’s lost profits.
Tom Dekker v. Topcon American Corp.
The California Court of Appeals, 4th District, affirmed the jury’s awarded of $4.5 million for lost business opportunity stemming from a breach of contract to sell a business.
Lost Profits Calculation Must Be Supported With Evidence
The Minnesota Court of Appeals reversed the jury’s award of lost profits for breach of a boat dealership agreement.
Steve Davis v. Forest River, Inc.
The Minnesota Court of Appeals reversed the jury’s award of lost profits for breach of a boat dealership agreement.
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 ...
Startup Businesses Can Prove Lost Profits Without Actual Record of Past Earnings
This was a legal malpractice action with an extremely complicated set of facts, in which plaintiffs claimed that defendants breached their fiduciary duties, causing them millions of dollars in damages.
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.
Southern Union Company v. Southwest Gas Corporation, et al.
The U.S. District Court for the District of Arizona denied Southern Union lost profits stemming from an unconsummated merger.
Lost Profits Recoverable During Reasonable Notification Period
The U.S. Court of Appeals for the 11th Circuit concluded that lost profits were recoverable when an at-will contract is terminated without notice under Florida law.
Maytronics, Ltd. v. Aqua Vac Systems, Inc.
The U.S. Court of Appeals for the 11th Circuit concluded that lost profits were recoverable when an at-will contract is terminated without notice under Florida law.
Kilpatrick v. Wiley, Rein & Fielding
Legal malpractice action with an extremely complicated set of facts. Plaintiffs claimed that defendants breached their fiduciary duties, causing millions of dollars in damages.
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 ...