Damages & Lost Profits

Arguably one of the most complex areas of valuation, the calculation of lost profits and/or damages depends upon numerous unique intricacies.  Getting to the “winning” number comes down to procuring the right evidence at every turn.  Learn from the leading minds in economic damages and lost profits calculations.
Guides & Books

Understanding Business Valuation: A Practical Guide to Valuing Small- to Medium-Sized Businesses, 5th edition

October 2017

The new edition of Understanding Business Valuation simplifies a technical and complex area of practice with real-world experience and examples. Expert author Gary Trugman's informal, easy-to-read style, covers all the bases in the various valuation approaches, methods, and techniques. Learn more >>

Intellectual Property Valuation Case Law Compendium, Third Edition

April 2017

Confidently navigate your next IP engagement with new thought leadership in BVR's Intellectual Property Valuation Case Law Compendium, Third Edition. Ensure you have the most current analysis on how courts across the U.S. view key business valuation issues. This compendium includes in-depth analysis on nearly 200 court cases, several chapters with insight and advice from top business valuation experts, and a list of the top 20 questions to ask when completing due diligence for an IP valuation.  Learn more >>

Financial Valuation: Applications and Models, + Website, 4th Edition

April 2017

Financial Valuation: Applications and Models provides authoritative reference and practical guidance on the appropriate, defensible way to prepare and present business valuations. With contributions from 30 top experts in the field, this new edition provides an essential resource for those seeking the most up-to-date guidance, with a strong emphasis on applications and models.  Learn more >>

Business Valuation Update Yearbook, 2017 Edition

February 2017

BVR has you covered with the Business Valuation Update Yearbook 2017. This newest edition from the publishers of Business Valuation Update covers the year’s most groundbreaking and thought-provoking advancements in business valuation including IRC Sec. 2704, DLOM, cost of capital, and more. This critical desktop reference keeps you ahead of your peers with on-the-ground reporting from valuation experts, thought-leaders, and BVR’s editorial team. Learn more >>

Calculating Economic Damages in Intellectual Property Infringement Cases

September 2016

In this one-stop resource you’ll find a comprehensive overview of strategies, analysis, case studies, and legal insight to help you calculate and recover or defend a case involving the infringement of intellectual property. Nowhere else will you find such a complete and thorough analysis of current case law and the valuation methods that form the basis of damage awards in IP infringement cases. Learn more >>

The Comprehensive Guide to Economic Damages, Fourth Edition

April 2016

The Comprehensive Guide to Economic Damages, Fourth Edition (formerly The Comprehensive Guide to Lost Profits and Other Commercial Damages), edited by  Nancy J. Fannon and Jonathan Dunitz, bridges the gap between the economics in damages cases and what the courts say about the calculations and evidentiary requirements. It provides a deep and rich resource, found nowhere else, for financial experts and attorneys seeking guidance on damage calculations. Learn more >>

Business Valuation Yearbook 2016

February 2016

Keep up with business valuation’s most innovative approaches and techniques, new court decisions, and regulatory and professional standards updates. BVR has you covered with the Business Valuation Update Yearbook 2016. This newest edition from the publishers of Business Valuation Update covers the year’s most groundbreaking and thought-provoking advancements Learn more >>

BVR Legal and Court Case Yearbook 2016

February 2016

The BVR Legal and Court Case Yearbook 2016 is essential for business appraisers and attorneys who want to stay ahead of their peers on the most important legal issues confronting business valuation. With in-depth analysis from BVR’s legal team, the lessons learned in this book help appraisers come to better and more defensible valuation conclusions. Learn more >>

Business Valuation Update Yearbook 2015

February 2015

BVR has you covered with the latest news in the business valuation profession! Get your Business Valuation Update Yearbook 2015 now to stay up to date with the most innovative approaches and techniques, leading conferences, new court decisions and changes in regulations and standards in the profession with on-the-ground reporting from valuation experts, thought-leaders and the BVR editorial team. Learn more >>

BVR Legal and Court Case Yearbook 2015

February 2015

The BVR Legal and Court Case Yearbook 2015 is essential for business valuation professionals and attorneys to stay current on the most important legal issues confronting the profession. The Yearbook covers marital disputes, breach of contract actions, damages, dissenting shareholder disputes, estate and gift tax cases, federal taxation, intellectual property cases, bankruptcy litigation, and more. Learn more >>

Guide to Intangible Asset Valuation

November 2014

This 700-page book, published by the AICPA, explores the disciplines of intangible asset valuation, economic damages, and transfer price analysis. Guide to Intangible Asset Valuation examines the economic attributes and the economic influences that create, monetize, and transfer the value of intangible assets.  Learn more >>

Valuation Cases From the Delaware Court of Chancery Show How to Excel (PDF)

October 2014

Valuation Cases From the Delaware Court of Chancery Show How to Excel is an important and one of a kind reference tool for your library. The court case digests and articles presented in this special report provide rigorous analysis of and insight into the court’s view of business valuation methodologies and valuation techniques. Learn more >>

Lost Profits Damages in Construction Claims (PDF)

September 2011

The nature of economic damages in the construction industry is unique mainly due to the numerous events that can impact timing, performance or the sequence of a project. BVR’s Special Report on Lost Profits Damages in Construction Claims covers the examination of typical claim types and pricing methodologies as well as the calculation of lost profits and the appropriate methods and procedures used to determine net economic damages. Learn more >>

Valuing a Business: The Analysis and Appraisal of Closely Held Companies, 5th Ed.

January 2008

Since the first edition was published in 1981, the profession of business appraisal has matured immensely. The IRS has come out with business valuation guidelines, and the AICPA has published their business valuation standards. While each organization’s standards or guidelines are slightly different from the others, there is unanimous agreement on the central concepts of business valuation.  Learn more >>
Training
No upcoming events found.

Excel for Valuation: Beginner to Advanced (eLearning course)

Whether you're new to the field or a veteran business valuation practitioner, there is no tool more critical than Excel.  BVR's new eLearning course, "Excel for Valuation: Beginner to Advanced," will catapult your Excel knowledge and skills so you can work as efficiently as possible with spreadsheets, formulas and functions. You can customize the course to match your skill level; start with the very basics or jump right into more complex areas. The eLearning combination of video, notes, take-away templates, quizzes, and exercises ensure you will remain thoroughly engaged for the duration of the course.  Learn more >>

International Business Valuation Standards and Ethics (eLearning course)

Valuation is a global profession, and for many that means complying with the new 2017 International Valuation Standards and Code of Ethical Principles. This comprehensive eLearning course delivers what you need to know to demonstrate global valuation competency and understand the significant changes to the standards. See practical and relevant examples by working through an actual case study that follows all of the logical steps of a valuation engagement. Hold yourself to a higher  global standard and be prepared to venture wherever your next valuation assignment takes you. Learn more >>

Monte Carlo: Applications, Examples and Best Practices for Valuation (eLearning course)

As complexity and uncertainty continue to increase, business valuation experts must up their game to master the challenges that accompany today's engagements. Rise to – and soar beyond – the occasion using Monte Carlo simulations, an indispensable method for advanced valuation scenarios. This eLearning course, "Monte Carlo: Applications, Examples and Best Practices for Valuation" distills the best instruction and content on the topic. Learn more >>

Measuring Unjust Enrichment

Projecting But-For Profits

Personal Injuries: Valuing the Impact

Misuses of IP Over the Internet: Searching for Value

Fraudulent Transfers: Solving for Solvency

Forensics in Lost Profits Cases

Calculating Damages for Insured Claims

Lost Profits in Early Stage Companies

Deal & Market Data
No products currently available.
News & Research

Business Valuation Update

The Business Valuation Update (BVU), a monthly newsletter with searchable online access, includes new thinking from leading professionals, detailed reports from valuation conferences, analysis of new business valuation approaches, thorough analysis of “landmark” legal cases in key business valuation issues, regulatory and standards updates, and much more. Learn more >>

BVLaw

Attorneys and appraisers alike turn to the exclusive BVLaw collection of 3,700+ cases and case digests concerning business valuation issues including economic damages, lost profits, estate and gift tax, divorce, shareholder repression, partnership dissolution, securities litigation, and more. Learn more >>
Blog Posts

Don’t assume causation, AICPA panel warns damages experts

Causation presents one of the most vexing problems for damages experts. But ignoring causation and simply working off the assumption that it exists may end up being the biggest problem for an expert. Read more >>

In unusual business tort case, court exhibits flexibility in terms of calculating damages

The 8th Circuit recently upheld a sizable damages award in an unusual business tort case litigated under Nebraska law. One noteworthy aspect in terms of determining economic damages was that the court allowed expert testimony regarding the loss of value to the plaintiff even though the plaintiff did not fail completely upon the wrongdoing. Read more >>

Federal Circuit drills down into Panduit, apportionment, and lost profits

The Federal Circuit recently examined a paramount damages issue that comes up in patent cases: whether, in terms of calculating lost profits, the patent holder’s ability to meet the Panduit factors makes a separate apportionment analysis unnecessary. Read more >>

Federal Circuit reacts coolly to ‘pseudo’ lost profits argument; royalty analysis may consider profits

The Federal Circuit recently found a reasonable royalty calculation that took into account the plaintiff’s profit margin was not a lost profits analysis in disguise. The plaintiff’s expert did not try to circumvent the “but for” causation requirement that applied to a lost profits claim. Read more >>

Flop film poses unique valuation challenge

A recent bankruptcy-related case in front of the California Court of Appeal raises important questions about how one quantifies the value of a dated piece of art, a film, for which there never was a market in the first place. Read more >>

Flawed yardstick analysis sinks lost profits award

A drawn-out damages case in which a startup compression sportswear company sued the defendant "private label" manufacturer over an abandoned licensing deal promised to make the plaintiff rich but ultimately ended with nominal damages. Read more >>

Whataburger grills Wonder Woman over logo

If next year's Wonder Woman pic is boffo, it will raise the stakes in the "friendly" talks going on between Whataburger and DC Comics over the superheroine's "stacked W" logo. Read more >>

How else to look at the 'Gawker' case: It's about unjust enrichment

It's not your average lost profits or lost business opportunity case. Rather, Hogan's damages experts were successful in quantifying damages under the less-common unjust enrichment theory. Rather than focusing on the damages to Hogan, the plaintiff, stemming from Gawker's misconduct, the experts calculated the gain to Gawker, the defendant, from the misuse of Hogan's assets, that is, his brand and other intellectual property. Read more >>

Court admits expert's anti-'Georgia-Pacific' royalty calculation

There is no absolute requirement to develop a reasonable royalty based on the Georgia-Pacific framework. That's the takeaway from a Daubert ruling in which the court denied the defendant's motion to preclude the testimony of the opposing damages expert, who determined a reasonable royalty based on market data instead of the customary Georgia-Pacific factors. Read more >>