Valuation/Lit. sup./Fraud/M&A

Showing 49–64 of 1557 results

  • How to apply Panduit factors in patent infringement cases

    January / February 2023
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 416

    Abstract: The U.S. District Court for the Eastern District of Tennessee recently denied a defendant’s attempt to exclude the opposing expert’s testimony. This article summarizes this ruling, which highlights how the Panduit factors are used to determine lost profit damages in patent infringement cases. Xodus Medical, Inc. v. Prime Medical, LLC, No. 18-cv-00414 (E.D. Tenn. Dec. 16, 2021). Panduit Corp. v. Stahlin Bros. Fibre Works, Inc., 575 F.2d 1152, 197 USPQ 726 (6th Cir.1978).

    Read More

  • Forced buyout: Court opts for modified liquidation value

    January / February 2023
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 545

    Abstract: The Michigan Court of Appeals has issued a ruling in a 15-year legal battle over a forced buyout that’s bounced back and forth between the trial and appellate courts. This article discusses the reasons the appellate court affirmed the “modified liquidation value” that the lower court assigned to the family-owned holding company — even though the valuation didn’t account for certain assets and included liquidation expenses. Pitsch v. Pitsch Holding Co., No. 356184 (Mich. App. May 12, 2022).

    Read More

  • Factoring external market conditions into a valuation

    January / February 2023
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 619

    Abstract: Outside forces — such as government regulation, global competition, interest rates, labor supply and tax policy — may influence an organization’s estimated value. This article discusses how valuators size up current and future economic conditions and synthesize them into a meaningful value estimate.

    Read More

  • In re International Supply Co. – Debtor fails insolvency tests for fraudulent transfers

    January / February 2023
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 931

    Abstract: Three insolvency tests are applied to determine whether a debtor’s pre-filing transfer can be rejected as fraudulent under federal bankruptcy law: the balance sheet, cash flow and adequacy of capital tests. This article summarizes a recent case that provides a primer on how financial experts apply these tests. The ruling clarifies that a debtor may be solvent under one test but ultimately be found insolvent. A sidebar explains how to avoid fraudulent transfer claims in estate planning. Stone v. Citizens Equity First Credit Union (In re Int’l Supply Co.), No. 17-08049 (Ill. Bankr. March 20, 2022).

    Read More

  • Opinion vs. legal conclusion: Has your expert crossed the line?

    January / February 2023
    Newsletter: Viewpoint on Value

    Price: $225.00, Subscriber Price: $157.50

    Word count: 451

    Abstract: The line between permissible expert opinion and impermissible legal or factual conclusions can sometimes be blurry under the Federal Rules of Evidence. It’s critical for lawyers and their expert witnesses to understand the distinction between an opinion that embraces an ultimate issue and one that offers a legal conclusion. This article provides examples that help clarify the rules. In re Columbia Pipeline Group, Inc. Merger Litigation, Cons. C.A. No. 2018-0484-JTL (Del. Ch. July 14, 2022).

    Read More

  • Financial experts play a key role in employment discrimination cases

    January / February 2023
    Newsletter: Viewpoint on Value

    Price: $225.00, Subscriber Price: $157.50

    Word count: 588

    Abstract: Employment discrimination claims based on race, sex, age, religion and other characteristics continue to be a major concern for employers. This article highlights how financial experts can help the parties calculate and evaluate damages, as well as analyze the situation to prove or disprove discrimination.

    Read More

  • Use a multifaceted approach to tackle postacquisition disputes

    January / February 2023
    Newsletter: Viewpoint on Value

    Price: $225.00, Subscriber Price: $157.50

    Word count: 625

    Abstract: In M&A transactions, disputes sometimes arise over contractual purchase price adjustments, representations and warranties, earnout provisions, or alleged misrepresentations by the seller. This article explains how determining liability and calculating damages in these disputes involves a combination of business valuation, forensic accounting and economic analysis techniques.

    Read More

  • Vectura Ltd. v. GlaxoSmithKline LLC – Reasonable royalty damages reflect built-in apportionment

    January / February 2023
    Newsletter: Viewpoint on Value

    Price: $225.00, Subscriber Price: $157.50

    Word count: 855

    Abstract: Valuation experts commonly use the reasonable royalty method to measure damages in patent infringement cases. When a royalty base is the “entire market value,” an expert may apportion it among the product’s infringing and noninfringing components. But when reasonable royalty damages are based on a sufficiently comparable license, apportionment is often unnecessary. This article summarizes a recent Federal Circuit decision in which the court ruled that apportionment was already built into the expert’s model. A sidebar explains how the relief from royalty method works. Vectura Ltd. v. GlaxoSmithKline LLC, 981 F.3d 1030 (Fed. Cir. 2020).

    Read More

  • Opinion vs. legal conclusion: Has your expert crossed the line?

    January / February 2023
    Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report

    Price: $225.00, Subscriber Price: $157.50

    Word count: 451

    Abstract: The line between permissible expert opinion and impermissible legal or factual conclusions can sometimes be blurry under the Federal Rules of Evidence. It’s critical for lawyers and their expert witnesses to understand the distinction between an opinion that embraces an ultimate issue and one that offers a legal conclusion. This article provides examples that help clarify the rules. In re Columbia Pipeline Group, Inc. Merger Litigation, Cons. C.A. No. 2018-0484-JTL (Del. Ch. July 14, 2022).

    Read More

  • Financial experts play a key role in employment discrimination cases

    January / February 2023
    Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report

    Price: $225.00, Subscriber Price: $157.50

    Word count: 588

    Abstract: Employment discrimination claims based on race, sex, age, religion and other characteristics continue to be a major concern for employers. This article highlights how financial experts can help the parties calculate and evaluate damages, as well as analyze the situation to prove or disprove discrimination.

    Read More

  • Use a multifaceted approach to tackle postacquisition disputes

    January / February 2023
    Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report

    Price: $225.00, Subscriber Price: $157.50

    Word count: 625

    Abstract: In M&A transactions, disputes sometimes arise over contractual purchase price adjustments, representations and warranties, earnout provisions, or alleged misrepresentations by the seller. This article explains how determining liability and calculating damages in these disputes involves a combination of business valuation, forensic accounting and economic analysis techniques.

    Read More

  • Vectura Ltd. v. GlaxoSmithKline LLC – Reasonable royalty damages reflect built-in apportionment

    January / February 2023
    Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report

    Price: $225.00, Subscriber Price: $157.50

    Word count: 855

    Abstract: Valuation experts commonly use the reasonable royalty method to measure damages in patent infringement cases. When a royalty base is the “entire market value,” an expert may apportion it among the product’s infringing and noninfringing components. But when reasonable royalty damages are based on a sufficiently comparable license, apportionment is often unnecessary. This article summarizes a recent Federal Circuit decision in which the court ruled that apportionment was already built into the expert’s model. A sidebar explains how the relief from royalty method works. Vectura Ltd. v. GlaxoSmithKline LLC, 981 F.3d 1030 (Fed. Cir. 2020).

    Read More

  • Use a rebuttal expert to break valuation deadlock

    November / December 2022
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 413

    Abstract: Financial experts use a variety of methods and inputs when valuing a business. So it’s common for two experts working in good faith to reach different conclusions. In such situations, litigating parties must find a way to resolve their differences. This article discusses how a rebuttal report can help them do just that — as well as reduce overall valuation costs.

    Read More

  • FRE 702 amendment would clarify expert testimony standard

    November / December 2022
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 550

    Abstract: Federal Rule of Evidence (FRE) 702 is expected to soon be amended. If approved, the changes would take effect on December 1, 2023. This article describes two critical amendments to the rule that aim to address the misapplication of the standards for admitting expert testimony by many federal courts.

    Read More

  • Hiring an expert to help prove — or refute — accountant liability

    November / December 2022
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 642

    Abstract: In lawsuits involving business failures, it’s common for shareholders and other plaintiffs to name the business’s accountants or auditors as defendants. An accountant’s liability depends on several factors, but it’s first important to know the applicable professional standard he or she uses. This article discusses those standards, along with the accountant’s level of responsibility for the financial statements.

    Read More

  • Help wanted: Qualified appraisers – Do you need a business valuation for year-end gifts of stock?

    November / December 2022
    Newsletter: Advocate's Edge / Litigation Support

    Price: $225.00, Subscriber Price: $157.50

    Word count: 888

    Abstract: The combination of current tax laws and a rocky economy makes this an advantageous time for many business owners to gift shares of closely held stock to family members. This article explains the benefits stock gifts can provide to both the givers and recipients and why a reliable valuation from a qualified appraiser is essential. A sidebar discusses how GRATs can be used to transfer interests in a family business.

    Read More