Newsflashes from today’s discovery and evidence symposia with Fannon and Dunitz
The rules of discovery were designed to avoid “trial by ambush” by requiring full disclosure–even if the discovery of evidence that might not be admissible at trial–says attorney Jonathan Dunitz, leading off today’s BVR session on discovery and evidence in damages litigation. The result can be overly broad discovery requests, since the standard is simply [...]
Lack of comparables tanks $1.3 billion damages claim
The 2010 jury awarded the plaintiff (Oracle USA) $1.3 billion in damages against the defendant SAP, the world’s largest business application software manufacturer. Not only was the award the largest in 2010—and the largest ever for copyright infringement—but it also equaled the defendant’s 4Q2010 net income, according to recent reports. On appeal in 2011, the defendant [...]
How to calculate lost business under insurance claims
Don’t miss “Calculating Damages for Insured Claims” next Tuesday, October 4. In this second installment of BVR’s Online Symposium on Litigation & Economic Damages, attorneys John Garaffa (Butler Pappas) and Jack Montgomery (Bernstein Shur) will discuss of the determination, calculation, analysis, and presentation of economic damages claims involving insurance, including lost profits due to business interruption and lost [...]
Website ‘takedown’ products join the copyright infringement loss arsenal …
BVWire’s best estimate on losses incurred annually from copyright infringement is $30-35 billion annually. These mostly web-originated offenses collectively affect the music, film, literature, and photography sectors. (Each sector tends to keep its own loss score which makes it difficult to identify a single authoritative source that provides unembellished and unbiased tallies.) New technologies and [...]
Where can experts get the latest on economic damages—the rules and the attorney relationships?
Consider BVR’s new Online Symposium on Litigation & Economic Damages, a thirteen-part series of webinars that will cover advanced topics in appraisal for litigation and economic damages, such as: On September 13th, attorneys Timothy Devlin and William Marsden Jr. (both Fish & Richardson) will present “Working with Financial Experts,” an in-depth discussion of how attorneys [...]
Federal court asks experts for the ‘just right’ discount rate
A bankrupt chemical business didn’t owe $16.3 million in damages for breach of contract, because the claims were barred by the statute of limitations and a prior settlement. But just in case—the federal district court considered an issue that was certain to come up on an appeal: calculation of the discount rate to present value [...]
Just Announced: BVR’s Online Symposium on Litigation and Economic Damages
BVR is pleased to announce the launch of the Online Symposium on Litigation and Economic Damages, a 12-part webinar series focusing on issues relating to what every financial-expert should know when preparing or presenting material to the court. Curated by editors of BVR’s Comprehensive Guide to Lost Profits Damages for Experts and Attorneys, expert appraiser [...]
Sample of recent digests added to BVLaw
Boltar LLC v. Commissioner, 2011 WL 1314445 (U.S. Tax Ct.)(April 5, 2011) Tax Court rejects charitable easement appraisal under Daubert, finding the appraisers ignored the before and after method and rejected relevant facts in favor of those that exaggerated value. Experts: Integra Realty Resources (taxpayer); Steven Albert (IRS) Judge: Cohen State/Jurisdiction: federal Court: U.S. Tax [...]
Even Ibbotson can be challenged by aggressive defense counsel
The related Metro Tech cases show how far opposing counsel will go to discredit the testimony of a financial expert. In this case, the plaintiff, a Puerto Rico corporation that specializes in laboratory calibration and preventive maintenance services, contracted with the defendant to conduct the necessary assessments to certify the plaintiff as ISO 17025 compliant. [...]
GT on differences between business valuation and lost profits
In Grant Thornton’s recent Focus on Forensics newsletter, Neil Beaton and Michael Fahlman provide a foundation for understanding the differences between business valuation and lost profits damages calculation methods. “If a lost profits analysis is performed, can a business valuation analysis also be performed to measure the total damages owed?” ask the authors. “It can,” [...]
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