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The program will review three current cases. In Wee v. Yangzhou Putian Shoemaking Co. (In re Unimex Corp.), decided May 13, 2024, in the United States Bankruptcy Court, Eastern District of Virginia, the discussion revolved around updated F.R.E. 702 and how the court’s analysis struck the defendant’s valuation. The court’s analysis of the FRE 702 updates about the valuation was a valuable exercise.
In Vivint Solar, Inc. v. Lundberg (Court of Chancery of Delaware, Jun 18, 2024), the discussion involved a dispute between a Delaware corporation and one of its former employees over equity incentive awards. Why did the court strike all valuations and calculate its own valuation?
In a 2023 unpublished medical malpractice case, we will discuss the definition of punitive damages, causation, limitations, and the necessity of compensatory damages.
Program Agenda
Wee v. Yangzhou Putian Shoemaking Co. (In re Unimex Corp.)
Overview of the court’s application of updated F.R.E. 702; and
Analysis of how the court’s valuation approach impacted the Defendant’s valuation.
Vivint Solar, Inc. v. Lundberg
Examination of the dispute over equity incentive awards between a Delaware corporation and a former employee; and
Discussion of the court’s decision to strike all valuations and the reasoning behind the calculation of its own valuation.
2023 unpublished medical malpractice case
Review of key issues: definition of punitive damages, causation, limitations, and necessity of compensatory damages.
Learning Objectives
Discuss two courts’ analyses of valuations, why the valuations were struck, and the valuation analysts’ prohibition from testifying;
Discuss the importance of the “new” FRE 702 to valuation analysts and their report content, as well as the valuation expert’s role in counterclaim actions; and
Understand that a compensatory damages case may result in punitive damages. Valuation is critical to determining “wealth” in the measurement of punitive damages.
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