Case Law Update: The Latest in Lost Profits and Motions to Exclude Experts
Part 13 of BVR's Online Symposium on Litigation and Economic Damages
Wednesday, August 29, 2012
12:00am-2:00am PT • 3:00am-5:00am ET
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Throughout BVR's Online Symposium on Litigation & Economic Damages expert appraisers and attorneys have discussed the methodology by which lost profits claims are calculated, argued, and tried. At the same time courts, appellate courts, and arbiters have been weighing in on the admissibility, reliability, and accuracy of these same techniques, in their continuing development of case law and judicial precedent.
In this, the 13th and final installment of BVR's Symposium, curators Nancy Fannon and Jonathan Dunitz join us to discuss what the courts have said since the series begin in September, 2011. Join them to learn how recent decisions have impacted everything from the reliability and sufficiency of evidence to use of benchmarks and comparables to the application of the discounted cash flows. For anyone providing valuations, damages assessments, or any other work for litigation purposes, this is a program not to be missed.
- Issues raised by recent cases, including:
- Reliability and sufficiency of evidence
- Use of benchmarks
- Use of comparables
- Reasonable certainty
- Qualifications to do the work
- Are past profits necessary to claim lost profits
- Is DCF nothing more than disguised lost profits?
- Review of recent decisions, including:
- Oracle America, Inc. v Google Inc.
- Great Lakes Business Trust v. M/T Orange Sun
- DaimlerChrysler Motors Co. v. Manual
- BC Technical, Inc. v. Ensil Corporation
- And others
- Learn what courts have said recently about the admissibility and reliability of valuation techniques, methods, and analysis
- Understand what these decisions mean for the practicing appraiser and how they impact the means by which a valuation conclusion is reached
- Learn how an appraiser can best prepare themselves and their reports for trial, deposition, and review
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