When hindsight is 20/20 in calculating construction claims
The general rule in construction contract cases is to measure lost profits damages at the time of the breach, without considering subsequent events—including (in the latest cases) the collapse of the real estate market. Yet, some courts allow experts to factor post-breach economic conditions into their lost profits calculations, following the “Book of Wisdom” doctrine. [...]
Best, brightest CLE opportunities from BVLaw
Tomorrow (Friday, August 5th) the Online Symposium on Healthcare Valuation continues with “Lost Profits Damages in Medical Practices.” Part 7 of BVR’s Symposium features expert James Lloyd (PYA) and series curator Mark Dietrich dissecting the more difficult and delicate aspects of combining appraisals for lost profits damages with medical practice valuations. And for an estimated [...]
Divorce goodwill, and healthcare lost profits lead BVR’s training calendar this week and next
Join attorney Andrew Soshnick (Baker Daniels) and valuation expert James Alerding (Clifton Gunderson) for “Goodwill in Divorce” on Thursday, July 14. This 100-minute webinar will address the many problem areas in what has long been one of the most difficult part of any valuation for martial dissolution purposes: the allocation of personal versus entity goodwill. [...]
Even Ibbotson can be challenged by aggressive defense counsel
Two related cases (Metro Tech Corp. v. TUV Rheinland of N.A., 2010 WL 4117123 (D. Puerto Rico.)(Oct. 18, 2010); and Metro Tech Corp. v. TUV Rheinland of N.A., 2010 WL 4117115 (D. Puerto Rico.)(Oct. 18, 2010)) show how far opposing counsel will go to discredit the testimony of a financial expert. In this case, the [...]
Which kind of expert succeeds in economic damages cases?
Not many published court opinions give meaningful guidance on determining the discount rate in economic damages case (see BVWire #92-5). A new decision concerning lost profits for the breach of a franchise lease finds the plaintiff’s BV analyst going against a real estate appraiser, with the win going to—wait for it . . . the [...]
Top Grant Thornton experts compare lost profits and business valuation
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,” [...]
IP lawyers and their experts need to link copyright infringement to specific lost revenues
Interplan Architects, Inc. v. C.L. Thomas, Inc., 2010 WL 3982273 (S.D. Tex.)(Oct. 8, 2010) The plaintiff submitted architectural drawings and designs to the defendant to build nine different convenience stores in Texas. Three years later, the plaintiff discovered that the defendant had given the drawings to two other architectural firms to build several stores, and [...]
Two lost profit cases that offer guidance on the use of financial experts
In Monday’s BVR teleconference “Use of Forensic Evidence in Lost Profits Cases,” attorney Jeffrey Diamond told the audience “over the years I’ve gotten smart. I know what I don’t know. That’s why I hire good experts and them get in the driver’s seat with me to find all of the issues important in the case…your role [...]
How to win damages and lost profits cases for your clients
Next Friday, October 8, BVR’s Webinar Series on Damages Essentials kicks off with “Lost Profits Calculations: Methods & Procedures” featuring Robert Gray and James O’Brien (ParenteBeard, LLC). Gray and O’Brien will discuss what every appraiser needs to know when engaging in a lost profits case: from calculations methods and related supporting – and admissible – evidence to [...]
Mark your calendars: four-part webinar series on damages and lost profits
The 2010 edition of The Comprehensive Guide to Lost Profits Damages comes to life in BVR’s new Webinar Series on Economy Damages, curated by Guide editor Nancy Fannon (Fannon Valuation Group). Throughout October, BVR will host eight of the top minds in economic damages and lost profits cases for a four-part webinar series. The series [...]
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