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Court Affirms Plaintiff’s Showing of Loss of Income Pursuant to Business Interruption Policy

In dispute over business interruption insurance coverage, appellate court says plaintiff showed actual loss of business income within meaning of controlling policy; court rejects defendant’s argument that plaintiff had to show lost sales, saying this is not a reasonable interpretation of policy.

Legal avenues for businesses coping with COVID-19 disruption and damages

In Franchising in the Time of COVID-19, an ABA panel recently discussed the scope of the disruption the pandemic has caused for franchisees and franchisors as well as legal doctrines on which franchisees/franchisors might rely to deal with the monetary damages to their businesses.

Court Agrees Market Approach Generates Most Accurate Value of Plaintiff’s Interest

In business dispute alleging breach and fraud, court adopts plaintiff expert’s methodology to value contested interest by way of the market approach; court notes expert well explained why the income approach was not available and the asset approach was too limited to provide an accurate valuation.

Edelson v. Cheung

In business dispute alleging breach and fraud, court adopts plaintiff expert’s methodology to value contested interest by way of the market approach; court notes expert well explained why the income approach was not available and the asset approach was too limited to provide an accurate valuation.

Best Practices – Thought Leadership in Valuation, Damages, and Transfer Price Analysis

March 2020 Hardcover

Robert F. Reilly, Robert P. Schweihs

Best Practicesincludes more than 1,200 pages of thought leadership on a wide range of topics, including the valuation of private company securities and intangible assets, valuation for property tax purposes, valuation for ESOPs, fair value measurement for financial accounting purposes, transfer price analysis, and economic damages measurement. Learn more >>

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.

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.

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.

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.

Plaintiff Fails Panduit Test Where Lost Profits Analysis Includes ‘Far More’ Than Value of Patents

In infringement case, court rejects plaintiff expert’s lost profits and reasonable royalty analyses, noting both rely on supply agreements covering more than the value of the patents; plaintiff fails Panduit test but is entitled to reasonable royalty based on opposing expert’s calculation.

Sunoco Partnership Mktg. & Terminals L.P. v. U.S. Venture, Inc.

In infringement case, court rejects plaintiff expert’s lost profits and reasonable royalty analyses, noting both rely on supply agreements covering more than the value of the patents; plaintiff fails Panduit test but is entitled to reasonable royalty based on opposing expert’s calculation.

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 ...

Top speakers at forensic and valuation conference in Tennessee October 21-23

BVR is pleased to sponsor the Tennessee Society of CPAs Forensic and Valuation Services Conference October 21-23 in Brentwood (just south of Nashville).

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.

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.

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.

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