‘Ghost of WaMu’ posts 61-page expert valuation report
After Washington Mutual Bank became the biggest failure of any savings and loan in U.S. history, its bankruptcy proceedings languished for over three years, complicated by insider claims against the hedge funds that allegedly traded in the bank’s debt while trying to negotiate a reorganization. Just last month, the court considered the debtors’ sixth amended [...]
Recent case law added to BVLaw
New cases where the value of private businesses, or damages, are beling litigated have been added to the BVLaw database this week. A sampling includes: Lucent Technologies, Inc. v. Microsoft Corp., 2011 WL 2728317 (S.D. Calif.)(July 13, 2011) Federal district court precludes expert’s patent infringement damages under Uniloc standard for failing 1) to establish the [...]
Cross-examination of a business valuation expert
This is a guest article by BVR Advisory Board member Lynne Z. Gold-Bikin, a partner at Wolf Block Schorr& Solis-Cohen in Norristown PA Business valuations are a complex undertaking; experts in the field understand and are facile in concepts of valuation, types of valuation, (market approach, income approach, and asset approach), revenue rulings, capitalization rates, [...]
The best, FREE source for locating the top business valuation experts
BVR is pleased to announce the Business Valuation Expert Directory – a FREE comprehensive directory that includes only qualified business valuation practitioners, financial experts and expert witnesses. Searchable by area of expertise, name, geographic location, industry keyword and more, you can quickly and easily locate the right expert for issues in which the value of [...]
Patent litigation study shows larger damage awards
PricewaterhouseCoopers’s annual PwC’s 2010 Patent Litigation Study, based on the firm’s database of patent damages awards from 1980 through 2009, shows “patent holders are winning considerable awards of damages as US patent trial success rates near their highest level in history. The largest ever patent damages award of over $1.8 billion was issued in 2009, [...]
Skadden Arps was the most active M&A firm in 2010
Who participated in the most deals? Skadden Arps wins–or so reports the Mergermarket Group. They’ve also issued a 2010 summary that joins the ranks of very optimistic analyses of the return of the merger and acquisition marketplace.
Butler Pinkerton Calculator passes a Daubert challenge
The BPC passed its first Daubert challenge in mid-December 2010 in Alamar Ranch, LLC v. County of Boise, a decision by the United States District Court (Idaho)(Civil Case No. 1:09-cv-00004 BLW). In response to the challenge, Peter Butler (Valtrend) submitted an affidavit listing the numerous instances of independent peer comments, articles, speaking engagements as evidence [...]
The appraiser’s opinion is what matters to lawyers
When Attorney D. Charles Mauritz’ (Duffy Kekel LLP) spoke in BVR’s conference room last Friday at NACVA’s local chapter meeting, he placed a heavy emphasis on the most valuable contribution a valuation expert brings to the table—an opinion. Mauritz reiterated the all-to-familiar phrase that valuation is “more art than science,” and that it’s the appraisers [...]
Valuing damages for breach of oral contract poses problems
Kia v. Imaging Sciences Internat’l, 2010 WL 3516850 (E.D. Pa.)(Sept. 2, 2010) This scene could have played out in countless startup companies—especially in the biotech sector—trying to recruit key personnel: During an employment interview in 2003, the plaintiff, a Ph.D. and one of the “world’s leading engineers” in digital imaging, rejected an initial salary offer [...]
Patent infringement analysis may be ‘plausible’ but still insufficient for lost profits award
AU Optronics Corp. v. LG Display Co., Ltd., 2010 WL 2720816 (D. Del.)(July 8, 2010) The U.S. District Court (Delaware) first found that the defendant infringed four of the plaintiff’s patents related to liquid crystal display (LCD) technology. It next turned to the appropriate amount of reasonable royalty and lost profits damages. Damages estimate range [...]
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