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Use of DCF for damages survives challenge

In an antitrust lawsuit in Nevada, the expert for a company that alleges it was forced to close due to anticompetitive practices used the discounted cash flow (DCF) method to calculate damages.

V5 Techs., LLC v. Switch, Ltd.

This case was a motion to reconsider the court’s ruling that struck expert testimony because the expert used the discounted cash flow method to determine the value of a business that went out of business. Upon reconsideration, the court decided that such method was allowable in this case and, therefore, the testimony should be reinstated and presented to the jury for use in determining damages.

Court Reverses Its Order to Strike Expert Testimony That Utilized the Discounted Cash Flow Method in Valuing a Business

This case was a motion to reconsider the court’s ruling that struck expert testimony because the expert used the discounted cash flow method to determine the value of a business that went out of business. Upon reconsideration, the court decided that such method was allowable in this case and, therefore, the testimony should be reinstated and presented to the jury for use in determining damages.

Court Admits Unjust Enrichment Damages Based on Profit Projections

In Daubert case centering on misappropriation of trade secrets, court says plaintiff expert’s valuation of trade secrets based on defense projections of sales and profits derived from offending product is admissible; defendant failed to show this approach to determine asset’s value is improper.

Grove US LLC v. Sany America Inc.

In Daubert case centering on misappropriation of trade secrets, court says plaintiff expert’s valuation of trade secrets based on defense projections of sales and profits derived from offending product is admissible; defendant failed to show this approach to determine asset’s value is improper.

Pratt’s Stats/DealStats Market Analysis Survives Appeal by Owner Spouse

Appellate court finds no error in trial court’s adoption of market-based value determination by husband’s expert; expert acknowledged this was not the preferred method to value the small company, but company’s problematic financials and uncooperative attitude “compelled” use of this approach.

Hultz v. Kuhn

Appellate court finds no error in trial court’s adoption of market-based value determination by husband’s expert; expert acknowledged this was not the preferred method to value the small company, but company’s problematic financials and uncooperative attitude “compelled” use of this approach.

Cristofano v. Chahal

In fair value dispute, court credits defense expert analysis based on capitalized economic income method and working with company’s historical earnings and growth rates; analysis properly accounts for particular facts of the case, including expiration of lucrative client contract.

Court Favors Fair Value Analysis Based on Historical Data and Case Facts

In fair value dispute, court credits defense expert analysis based on capitalized economic income method and working with company’s historical earnings and growth rates; analysis properly accounts for particular facts of the case, including expiration of lucrative client contract.

United States ex rel. Landis v. Tailwind Sports Corp.

In Daubert case, court finds government’s combined expert testimony concerning financial impact of negative publicity on sponsor (USPS) of Lance Armstrong and his cycling team provides “sufficiently non-speculative framework for determining damages.”

Combined Expert Testimony May Provide Valid Damages Framework

In Daubert case, court finds government’s combined expert testimony concerning financial impact of negative publicity on sponsor (USPS) of Lance Armstrong and his cycling team provides “sufficiently non-speculative framework for determining damages.”

Guang Dong v. ACI International, Inc.

In the absence of actual data, expert relies on emails and depositions to arrive at lost profits value.

Century 21 Real Estate Corp. v. Meraj International Investment Corp.

The U.S. Court of Appeals for the 10th Circuit affirmed an award of lost profits in this breach of contract case.

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