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Intellectual Property Valuation Expert Witnesses

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Jeff Sedlik
Photography Expert Witness and Consultant
Los Angeles, California
New York, New York
phone: 626-808 0000 or CA: 212- 447 1255 NY

Professor Jeff Sedlik has decades of experience at the highest level of professional photography including advertising, corporate, editorial and stock. He is a respected and acknowledged authority on photography having served as Past National President of professional photography's leading trade organization, "Advertising Photographers of America". Professor Sedlik is also an experienced Expert Witness.

Areas of Expertise:
  • Contracts
  • Copyright
  • Licensing
  • Publicity Rights
  • Model Releases
  • Lost/Damaged Film
  • Stock Photography
  • Business Practices
  • Forensic Scene Recreation
  • Forensic Image Analysis
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    Jay B. Abrams, ASA, CPA, MBA
    4605 Lankershim Blvd.,Suite 716
    No. Hollywood, CA 91602
    ----Multiple States-----
    CA, NY USA
    phone: 818-505-6008
    fax: 818-761-2148
    Jay B. Abrams, ASA, CPA, MBA, founder and head of Abrams Valuation Group, Inc. (AVGI), has over 25 years of experience as a Business Appraiser. Integrating theory and practice, he has valued businesses and consulted on mergers and acquisitions in a wide range of industries, provided valuations and discounts for fractional interests and restricted stock, and conducted independent statistical and mathematical research regarding problems facing businesses.

    Mr. Abrams has made significant contributions to the science of valuing businesses. He has created 11 inventions, including financial models with dozens of original formulas to improve discount rate calculations, marketability & control adjustments, cash flow forecasting, ESOP valuations, and other applications. Mr. Abrams is the author of over 20 quantitative articles and two books:Litigation Support - Mr. Abrams provides expert testimony and damage calculations for lawsuits regarding Impaired Assets and Loss of Shareholder Value. He can help determine if a loss has occurred, provide a scientific basis for calculating the amount, and give expert testimony about his findings in court. His firm's credentials, detailed work product, and clear explanations create confidence among juries and judges, which can prove critical to the final outcome.

    Background - Prior to founding AVGI, Mr. Abrams was a founding partner in the San Diego accounting firm of Thefeld, Finch and Abrams, headed the valuation practice of Pacific Corporate Valuations in La Jolla, California, and worked as a senior valuation economist for Arthur D. Little Valuation, Inc. and, in the 1970s, as an auditor for Arthur Andersen. He earned an MBA in Finance and Marketing from the University of Chicago, and a B.S. from California State University at Northridge. Mr. Abrams is an Accredited Senior Appraiser (ASA) of the American Society of Appraisers and is a certified public accountant (CPA).

    New York Office: 718-771-0101 Phone / 718-771-6366 FAX

    View Abrams Valuation Group's Consulting Profile.
    Regression analysis is a statistical technique to measure the mathematical relationship between a dependent variable and one or more independent variables. In the context of the Market Approach in business valuation, the dependent variable is usually some variation of Fair Market Value (FMV), i.e., market capitalization in the Guideline Public Company method, selling price (IBA), or MVIC (Market Value of Invested Capital, Pratt's Stats).

    11/25/2009 · Accounting
    This article presents a discussion of the validity of using the mid-year convention from a different point of view than the March 2002 BVR article by Michael Dobner.

    11/25/2009 · Damages
    We all have used the Discounted Cash Flow (DCF) method. Many of us would agree that it is generally the best, most comprehensive, theoretically correct valuation model. It also has an empirical reason to be the best, which is that many of us calculate our discount rates using the Ibbotson data in the SBBI annual yearbooks, which are based on publicly traded stock data.

    11/25/2009 · Damages
    This article arose from an actual litigation. To protect the identity of the parties, I usefictional names.

    It seems to me that healthy dialogue among practitioners is a useful tool in facilitating our growth as a profession. It is in that spirit that I wish to respond to my colleague, Chris Mercer’s recent article,[Citation Omitted] wherein he asserts that my misunderstanding of his Quantitative Marketability Discount Model (QMDM) explains the disparity in my results and his in calculating the discount for lack of marketability (DLOM). Accordingly, in this article I will

    Jay B. Abrams
    Helps business owners determine the value of their businesses, attorneys and financial professionals better represent and advise their clients, and virtually all professionals involved in business valuation do their jobs more efficiently.
    Jay B. Abrams
    Quantitative Business Valuation is the first authoritative work to guide professionals through the business valuation process with a quantitative--as opposed to qualitative--focus.
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    Dr. Gary Albrecht, PhD
    1817 Georgia Ave.
    Winston-Salem NC 27104
    phone: 336-727-9435
    Gary AlbrechtDr. Gary R. Albrecht has more than 25 years of experience specializing in Economic Forecasting and Forensic Economics. The Director of Econometric Modeling at the University of Kansas, his research has been published in the Journal of Forensic Economics, Journal of Legal Economics, Trial Briefs, and The Earnings Analyst.

    Dr. Albrecht was elected by his peers to be a Vice President and to serve on the Board of Directors of the National Association of Forensic Economists. He also serves as a referee for the Journal of Forensic Economics and the Journal of Legal Economics.

    Dr. Albrecht provides litigation support services to attorneys for both Plaintiff and Defense for cases concerning damages resulting from Wrongful Death, Personal Injury, and Breach of Contract. Qualified in numerous State and Federal venues, he has been deposed and or testified approximately 50 times in the last four years.

    Areas of Expertise:
    • Economic Damages
    • Expected Wage Loss
    • Business Valuation
    • Lost Profits
  • Discrimination Analysis
  • Equitable Distribution
  • Intellectual Property
  • Antitrust
  • Dr. Albrecht is a Member of the American Academy of Economic and Financial Experts, the American Economic Association, and the National Association of Forensic Economics.

    View Dr. Albrecht's Consulting Profile.
    6/18/2014 · Economics
    The first step in estimating the value of life is, generally, to estimate the tradeoff individuals are willing to make between the risk of death and compensation. In wage-risk studies the estimate of the trade-off takes the form of a slope coefficient on the risk of death variable from regression analysis. The estimated slope coefficient is then used to estimate the value of life. This paper addresses two separate but related issues that affect the calculated value of life. One issue is how the estimate of the slope coefficient may vary depending on the base amount of risk in the observations used for its estimate. This issue is addressed by determining the shape of the indifference curve between compensation and the risk of death. The other issue is the definition of the value of life. Two proofs are presented. One proof shows that the calculated value of life will vary according to the base amount of risk involved in the study. The other shows how the calculated value varies according to how the value of life is defined. An economist who uses the value of life studies should be aware of these influences.

    4/14/2014 · Economics
    The contention of this article is that the appropriate discount rate is one which counterbalances the uncertainties associated with projecting future losses. Such uncertainty is defined, herein, as risk. Parity in risk must be maintained between projected losses and the discount rate. A risk-free rate of interest is an appropriate discount rate only when applied to projected losses which are, themselves, risk-free. As elements of uncertainty, or speculation, enter into the projection of future losses, either those elements must be removed from the analysis or the discount rate must be increased commensurately to maintain parity in risk. To do otherwise would yield an award which overcompensates the plaintiff (p. 33).

    3/11/2014 · Economics
    In "The Valuation of a Closely Held Firm: Difference in Expert Opinion," (JFE, 1988) Carl M. Hubbard and Darryl G. Waldron present the results of a survey in which the respondents were asked to place a value on a non-publicly traded firm. The authors classified the responses into four categories: the net asset valuation (NA V) approach; the discounted cash flow (DCF) approach; the earnings multiple (EM) approach; and the capitalized earnings (CE) approach. As the title of their paper states, there were differences of opinion among the respondents.

    2/5/2014 · Economics
    This article is one in a series of articles in the Journal of Forensic Economics detailing the different and the common methods for assessing economic damages in the various states. In this article we discuss the legal framework by which economic damages are computed in personal injury (PI) and wrongful death (WD) cases in the state courts of North Carolina. Section II presents the legal framework for these torts; Section III discusses the calculation of damages in Wrongful Death torts, while Section IV deals with Personal Injury torts where they differ from Wrongful Death.

    1/6/2014 · Economics
    In litigation involving wrongful death, personal injury and breach of employment contracts, forecasting the wage rate is often a necessary step when calculating damages. Forecasted future changes in the wage rate are generally attributed to two components, forecasted changes in the productivity of labor and inflation.l The theoretical reason for making the wage rate a function of productivity and inflation stems from the neoclassical proposition that the wage rate is equal to the product of the marginal productivity of labor and the price of the output received by the manufacturer.

    11/27/2013 · Economics
    Federal and state legal systems rely upon the reasoning of judges and juries to ascertain what is just compensation for personal injury as result of a tort. There are no precise rules to follow in determining damages. Jurists consider the plaintiffs' own itemization of damage, but they also use their own reasoning and the guidance of the law and testimony of forensic economists. Likewise, each forensic economist uses his or her reasoning, legal parameters, and economic training in determining just compensation.

    In a recent article Havrilesky (1993) argues against applying the hedonic damages concept to wrongful death and injury cases. The purpose of this paper is to critique his arguments. An examination of each of the seven points shows that none are appropriate. This analysis follows the same order and is under the same headings as Havrilesky's analysis. The conclusion section is added to summarize the paper.

    10/2/2013 · Economics
    In litigation involving personal injury, wrongful death, job discrimination, and breach of employment contracts, questions concerning the estimates of future earnings and the choice of an appropriate discount rate arise. We address the question of whether, in order to estimate the growth of future earnings and then to discount future earnings, it is necessary to forecast the inflation rate.

    "Esteemed member, Gary R. Albrecht is a Forensic Economist with over 25 years of experience specializing in Economic Forecasting and Damages. Principal at Albrecht Economics, Inc., he provides Expert Witness and Consulting services to attorneys, insurance companies, and other professionals. "
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    Alistair Hynd
    5 Old Bailey
    London EC4M 7AF
    phone: 44-207-0028732
    fax: 44-207-0028895
    Alistair Hynd has over 15 years experience in Corporate Finance. He heads the Project Finance and Financial Modelling Team that functions at Baker Tilly Corporate Finance, LLP (Baker Tilly). Mr. Hynd specialises in Project Finance, PFI, PPP and Debt Advisory plus Financial Modeling. Mr. Hynd is an Associate of the Institute of Chartered Accountants in England and Wales (ICAEW) and member of the Institute's Corporate Finance faculty. He is also a full member of the Association of Corporate Treasurers.

    Mr. Hynd's team at Baker Tilly can become involved in Project Finance or Financial Modeling in three ways:
  • Financial Adviser to the Government – structuring projects, evaluating bids, and negotiating detail
  • Financial Adviser to the Consortium – assembling the bid, refining and optimising it, and acting as interface with funding markets
  • Acting for the Banks and other Lenders - providing reassurance that the model on which they are lending is fit for purpose.
  • Other Services Include

  • Capital Markets: Reporting Accountants, Flotation e.g. advice on Financial Structuring, Accounting Systems and Policies, Share Option, Director / Employer Benefits, Audit and Taxation services
  • Due Diligence: Historic Performance, Cash Flows, Assets and Liabilities, Forecasts, Working Capital Requirements, Financial Systems and Controls, Taxation
  • Mergers and Acquisitions / Private Equity:Preparing / Maximise Value from Business Sales, Negotiate Terms and Raise Private Equity / Debt Finance to Support Management Buy Out or Buy In, Raising Private Equity / Debt Finance for Growth, Cash Out or Recapitalisation, etc.
  • Valuations: Shares, Businesses, Options and Warrants, Various Derivatives, Brands and other Intellectual Property, Film and Media Rights,Income Producing Assets
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    Patrick Kilbourne
    201 S. Main St.
    Ste. 450
    Salt Lake City UT 84111
    phone: 801-321-6335
    Patrick Kilbourne, CPA/ABV, CMA, CGMA, CFE, CFF, MBA, MACC, is an expert in applying Finance, Accounting, and Economic Analysis to damage assessments, lost profits, and financial statement analyses.

    He earned a Master of Business Administration (MBA) degree from the University of Pennsylvania’s Wharton School of Business and a Master of Accountancy degree from Brigham Young University.

    Mr. Kilbourne is a Certified Public Accountant (CPA), a Certified Management Accountant (CMA), a Chartered Global Management Accountant (CGMA), and a Certified Fraud Examiner (CFE). He is also Certified in Financial Forensics (CFF) and Accredited in Business Valuation (ABV) by the American Institute of Certified Public Accountants (AICPA).

    Currently a Director at Berkeley Research Group (BRG), he spent 9 years at LECG as a Director. Prior to LECG he was the head of Arthur Andersen’s Strategy Finance & Economic Consulting practice in Salt Lake City, where he oversaw accounting, intellectual property, economic consulting, and forensic accounting services.

    Patrick Kilbourne provides litigation support service to attorneys for both Plaintiff and Defense. He has been retained as an expert in numerous matters and has testified as an expert in both federal and state venues.

    Areas of Expertise:
    • Damages Analysis
    • Finance and Valuation
    • Forensic Accounting and Investigations
    • Intellectual Property
    • Labor and Employment
    View Patrick Kilbourne's Consulting Profile.
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    Ben F. Tunnell III
    605 West Olympic Blvd.,Suite 820
    Los Angeles CA 90015
    phone: 866-256-9300
    fax: 213-532-3807
    BTI Appraisal is a broad-based appraisal company which provides a consistently high level of Real Estate Appraisals, Business Valuations, and Machinery and Equipment Appraisals for Business, Professional, Public and Private Sectors.

    When you choose BTI Appraisal, you benefit from a strong tradition of experience and accuracy. A corporate philosophy stressing efficiency and attentive service has made us a leader among independent appraisers. We are proud of our reputation for stability, responsiveness, and accomplishment in and out of the courtroom.

    At BTI, our seasoned staff of success oriented professionals treats each assignment with precise attention to detail, providing needed research and responsive service on a wide range of appraisal needs.

    Expert Profile: BTI’s Founder and Chairman, Ben F. Tunnell III, has headed the firm since 1974. Previously, he spent eight years with First Interstate Bank of California as vice president at their corporate headquarters in Los Angeles. He served on the board of arbitrators for both the American Arbitration Association and the Better Business Bureau. He has also been a Registered Investment Advisor and Broker/Dealer with the Securities and Exchange Commission and a licensed, California Real Estate Broker.

    Mr. Tunnell is an ASA, the senior designation of the American Society of Appraisers, and a California Certified General Real Estate Appraiser #AG-6964. He has qualified and testified in Federal and Superior Courts, as well as in arbitration proceedings as an expert witness in business valuations, real estate, and machinery and equipment appraisals.
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    Weston Anson, Chairman
    Jeff Anderson, Director, Valuation & Analytics
    7342 Girard Ave.
    La Jolla CA 92037
    phone: 858-454-9091 (Main) / 408-309-6808 (Jeff Anderson)
    CONSOR® Intellectual Asset Management has been a global industry leader in Intellectual Property valuation, expert witness services, monetization assistance, licensing strategies and more for the last 25 years. CONSOR's core areas of expertise are the valuation, management, and licensing of intangible assets. They are proud to be the only market-based consulting firm specializing in intellectual property.

    Litigation Support - CONSOR® offers a variety of services to accommodate a wide range of IP litigation needs, including Expert Witness Services, Intellectual Property Valuation and Damages Analysis, Infringement and Confusion Analysis, Customs and Practices Consulting, and Bankruptcy and Disposition Support. CONSOR's areas of expertise cover all types of IP and intangible assets that can be the subject of litigation, including:
    • Patents & Technology
    • Trademark & Corporate Brand Assets
    • Sports & Events Licensing
  • Celebrities & Publicity Rights
  • Copyrights, Media & Entertainment Assets
  • Estate & Tax-Related Issues
  • Weston Anson Intellectual Property Expert PhotoWeston Anson, Chairman of CONSOR®, is a seasoned Licensing Valuation and Marketing professional with a long history of successful programs at firms such as Booz-Allen & Hamilton, Playboy Enterprises and Hang Ten International. He holds a Masters degree in Business Administration (honors) from Harvard University and is active in all of the major international trademark and intellectual property associations as a speaker and an officer.

    As an important part of his career today, Mr. Anson is a world renowned IP Expert with testifying experience in the United Kingdom, Europe, and in state, federal, tax, bankruptcy, and probate courts in the U.S.; as well as in arbitration and mediation. In trial testimony, multiple depositions, and numerous rule 26 reports, his expertise has been established and reaffirmed. His litigation clients include roughly half of the largest 100 U.S. law firms.

    Mr. Anson's notable cases range from: the largest trademark jury award in history to adidas of $304.6 million; the successful litigation of Woody Allen vs. American Apparel: a $5 million settlement in a right of privacy and publicity case; the Upaid Systems matter: a $70 million settlement in a computer/telecom patent case; and the Chevron-Donzinger/Ecuador case: decision barred Ecuador from collecting a $9.5 billion judgment against Chevron. In addition Mr. Anson has been involved in other famous cases, such as the landmark Jesse Ventura case in which the eighth circuit court of appeals noted “Anson's qualifications are quite impressive, and certainly more so than those of some experts whose testimony this court has permitted.”

    Jeff Anderson Intellectual Property Valuation Expert PhotoJeff Anderson, Director of Valuation & Analytics at CONSOR®, performs Valuations of Intangible Assets and Intellectual Properties for corporate litigation and business / transaction purposes.

    Mr. Anderson’s project work spans the full spectrum of the intellectual property realm. Industries worked on include: software, banking, entertainment, construction, retail, energy, and manufacturing. He has managed projects involving: valuation for litigation; sale / purchase valuation and negotiation; license structuring and negotiation; estate valuation; and valuation in expropriation and foreign markets.

    Specifically, Mr. Anderson has assisted in creating and implementing financial models utilizing extensive ad hoc analysis and statistical methods in determining economic damages for trademark, copyright and patent infringements; breach of contract; tortious interference; and misappropriation of data / information. He has also assisted clients, their legal counsel, and in-house expert witnesses in deposition and trial preparation and strategy.

    View CONSOR's Consulting Profile.
    How have celebrity scents become huge licensing opportunities? Do you smell that? Fee-fi-fo-fum, I smell the growth of celebrity scents. Yes, not only is celebrity licensing in general seeing tremendous growth opportunities, but in particular, the business of licensing celebrity scents is experiencing a steady rise.

    Weston Anson
    The demand for economic damages analysis and valuation for litigation, arbitration, and mediation is ever-growing. Elements of IP and intangible assets affect disputes in nearly every area of law, from real estate to complex software transactions. Expert Witnesses, Valuation & Damages discusses how to best use experts, when to hire them, how to find good ones, and how to test whether they have adequate knowledge.
    Weston Anson
    In a time of great economic, social and political change in the world, intellectual property is more important than ever. Given the current trouble surrounding businesses and portfolios, clients are actively seeking legal guidance and advisement to make wise decisions about intellectual property. IP Valuation and Management is an easy-to-use, concisely thorough reference. This book delves into how intellectual property is defined, grouped, valued, managed and monetized.
    Weston Anson
    Law school prepares students to be lawyers, but once they reach the real world, new attorneys often find they lack needed business knowledge. Not only are they uninformed about the management of their firms, but they are also unprepared to understand the needs of business clients. The Attorney's Guide to the Business Mind tackles this issue head on.
    Weston Anson
    This handbook is intended as a useful document for intangible asset management inquiries, with a special emphasis on licensing, transaction due diligence and bankruptcy. It attempts to help improve the management of companies with underleveraged intangible asset portfolios. Relevant exhibits, case studies, common terms, and a detailed index are also included.
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    Alexander Schuler
    Head of Valuation Services
    General-Guisan-Quai 38
    Zurich 8022
    phone: +41 58 279 7635
    Alexander Schuler, CPA, is a Financial Expert who specializes in Business Valuations of public and private companies and for Intangible Assets such as technologies / patents, IPR&D, brands, customer relationships, and contracts.

    Mr. Schuler has over ten years of relevant experience as an international corporate advisor. Having worked in Germany, the United States, and Switzerland, he has extensive experience with national and cross-border valuation engagements. Mr. Schuler's background also includes three years with a global engineering company in their global Mergers & Acquisitions / Transactions team. Currently the Head of Valuation Services at Deloitte AG, Mr. Schuler is responsible for the growth and development of the Swiss valuation practice in Zurich and Geneva.

    Litigation Support - Alexander Schuler provides litigation support services to counsels representing both Plaintiff and Defense. He has served as a qualified expert witness in national and international projects. Mr. Schuler focuses on Business and Intangible Asset Valuations in the context of:
    • Transactions
    • Dispute Resolutions
    • Damages Calculations
  • Lost Profits
  • Purchase & Tax Accounting
  • Restructuring
  • View Alexander Schuler's Consulting Profile.
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    Monty G. Myers, PE
    3305 Northland Drive
    Suite 305
    Austin TX 78731
    phone: 512-459-9292
    Monty Myers Computer Software Expert PhotoMonty G. Myers, PE, is an active Software Industry Executive with 30+ years of experience, including the founding of Eureka Software Solutions, Inc. (“Eureka”) and acting as CEO of Eureka for 28 years.

    Mr. Myers has provided services to a balanced mix of plaintiffs and defendants in over 40 litigation matters ranging from billion dollar, landscape-changing lawsuits between worldwide industry leaders to smaller-scale litigation between individuals or local businesses. Mr. Myers' clients have included Global 1000 and Fortune 500 companies in industries such as Enterprise, Finance, Military and Defense, Transportation, Oil and Gas, Security, Healthcare, and Automotive.

    Litigation Support - Monty Myers is a Computer and Software Expert Witness, experienced and proven at offering expert testimony under-oath at trial, hearings, and depositions. For the last 5+ years, he has provided expert witness services for engagements including Software Patent or Software Trade Secret litigation matters.

    Mr. Myers is available as a consulting and/or testifying expert witness to assist with understanding the technology and technical issues in the case and providing review, analysis, and testimony (report, deposition, or courtroom) regarding the technology, software, or patents involved in the case. He has worked extensively with counsel in the taking and defending of depositions, reviewing and challenging the testimony of others, and assisting with and implementing an overall trial strategy.

    Areas of Expertise:
    • Source Code Review
    • Source Code Comparison
    • Source Code Reconstruction
    • Source Code Misappropriation / Theft
    • Source Code Copyright / Patents
    • Software Patents
    • Trade Marks
    • Trade Secrets
  • Antitrust
  • NDAs
  • Open Source Licensing
  • Computer Forensics
  • Mobile / Wireless Technology
  • Cloud and Web Business
  • Hardware / Infrastructure
  • Contract Performance / Project Management
  • Capabilities:
    • Adept at taking highly technical material and effectively communicating it to counsel, the judge or a jury in terms they can understand via testimony or reports/declarations
    • Skilled at reviewing and comparing software source code and functionality in the litigation context in relation to protected intellectual property including, trade secrets, copyrights, and patents and/or license or other contractual commitments and requirements
    • Able to reverse engineer and reconstruct hardware and software environments from backups, remnants, and fragments of deprecated software along with re-creating historical hardware and software environments
    • Highly familiar with functional and performance testing of software against applicable specifications, warranties, or industry standards using proprietary and commercial testing tools and techniques
    View Monty Myers' Consulting Profile.

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    David E. Nolte
    888 S. Figueroa Street, Suite 2000
    Los Angeles CA 90017
    phone: 213-787-4100
    fax: 213-891-1300
    Our analysis and research combined with unique presentation techniques have resulted in an unequaled track record in successful court cases and client recoveries. Our personnel are full time and fully focused on the services we provide. We thoughtfully incorporate technology into our work to provide great results at a more reasonable cost. Our expertise encompasses damages analysis, lost profit studies, business & intangible asset valuations, fraud investigations, statistics, forensic economic analysis royalty audits, strategic & market assessments, competitive surveys, personal injury and employment damages, and a wide range of other financial advisory services. We serve the entire nation.
    8/12/2015 · Accounting
    The US Court of Appeals for the Ninth Circuit has opened the door significantly wider for those who wish to pursue qui tam False Claims Act suits by reversing a dismissal of two such matters. Ruling en banc in United States ex rel. Hartpence v. Kinetic Concepts, Inc., the Ninth Circuit has removed a prior restriction that any prior public disclosure must have originated from the whistleblower as well.

    A recent case addressed the interesting question of whether a corporation could serve as an expert witness. The matter involved a breach of fiduciary duty case coordinated with an appraisal proceeding, in re Dole Food Company ("Dole"). The defendants designated Stifel, Nicolaus & Company, Incorporated ("Stifel"), a corporation, to serve as their expert witness regarding the value of Dole.

    2/13/2015 · Patents
    Royalty arrangements within patent licenses have long been constrained by an almost 50 year old Supreme Court decision in Brulotte v. Thys Co that prevents collection of royalties after a patent has expired. The Justices have now agreed to revisit the precedent set by that often-criticized ruling in a current case, Kimble v. Marvel Enterprises, Inc.

    8/16/2014 · Accounting
    In a recent case involving the City of Pomona ("Pomona") v. SQM North America Corporation ("SQM"), Pomona alleged that SQM's importation of sodium nitrate for fertilizer caused a perchlorate contamination in the city. Although the district court excluded under Daubert the expert testimony of Pomona's expert witness on causation, the Ninth Circuit reversed the ruling, stating that "facts casting doubt on the credibility of an expert witness and contested facts regarding the strength of a particular scientific method are questions reserved for the fact finder". The case was remanded for trial.

    7/16/2014 · Accounting
    In association with general cost cutting measures over recent years, many companies have pressured their vendors to reduce fees. This downward pressure has extended to the accounting firms hired to provide independent audit opinions, resulting in a significant drop in audit fees. According to Audit Analytics, audit fees in 2012 were $472 per $1 million of revenue, the lowest amount since 2004. The question is whether audit quality has been sacrificed in order to achieve these reductions.

    4/24/2014 · Damages
    The Eastern District of Texas is well known for its intense patent activity and already provides early disclosure of infringement and invalidity contentions to facilitate faster resolution of these cases. The Court has now taken similar action by providing an option for accelerated damage discovery, including requiring a two week turnaround between defendant's production of potentially infringing sales data and plaintiff's good faith estimate of damages. Accomplishing this will require expert assistance immediately in the process. Even for cases that do not settle, this damage estimate will inform the Court's discovery decisions and resource allocations.

    2/7/2014 · Surveys
    In the course of affirming the district court's decision in Kraft Foods Group Brands LLC v. Cracker Barrel Old Country Store, Inc., 2013 WL 6017396, Judge Posner went a step further. While upholding the injunction, he ended his assessment with some comments "for future reference" when it comes to consumer surveys offered to demonstrate consumer confusion in support of a trademark infringement claim:

    A recently affirmed decision to grant judgment for the defendant as a matter of law highlights the importance of expert testimony that is consistent with previously-disclosed opinions presented in a Rule 26 report. In Rembrandt Vision Technologies, Inc. v. Johnson & Johnson Vision Care, Inc., the expert's testimony was struck because of critical discrepancies, leaving the plaintiff with no basis for claimed patent infringement.

    9/19/2013 · Legal Issues
    The decision in United States vs. Windsor (No. 12-301, June 26, 2013) by the U.S. Supreme Court (SCOTUS) to strike down Section 3 of the Defense of Marriage Act (DOMA) creates important tax issues and opportunities. These include potential refunds for same-sex married couples and their employers for years not closed by the statute of limitations.

    7/10/2013 · Damages
    A Delaware federal court recently closed the door on each of two possible paths to damages for Plaintiff in the matter of AVM Technologies, LLC v. Intel, Inc. (Civil Action No. 10-610-RGA). U.S. District Judge Richard G. Andrews granted Defendant's motion to exclude Plaintiff's expert, while also granting Defendant's motion in limine to preclude any proposed expert testimony from the inventor of the patent in question.

    6/18/2013 · Damages
    Lost compensation is a method of capturing economic damages in personal injury, medical Malpractice, wrongful termination, failure to promote and other similar torts.

    5/21/2013 · Damages
    In a unanimous opinion, the California Supreme Court clarified that trial courts may use either California Evidence Code Sections 801(b) or 802 to admit or exclude the expert's testimony.

    Electronic data comprises a large portion of discovery and provides efficiencies in searching and manipulating the data for further analysis.

    3/11/2013 · Damages
    Plaintiffs often desire short cuts to damage measurements. Given the cost of using experts employing proper methods and data, the temptation is obvious.

    1/22/2013 · Damages
    In re: Apple vs. Motorola, the parties sued each other for patent infringement involving smartphones. Seventh Circuit Judge Richard Posner, sitting by designation, threw out all damage witnesses for both parties on Daubert motions. Then, since both parties lacked damages testimony, he dismissed both cases with prejudice.

    An extraordinary amount of time is incurred in discovery asking for records that may not even exist, or asking for records that do exist, but the other side declines to produce records that were not requested using just the right terms.

    8/27/2012 · Expert Witnessing
    The following suggestions result from my experience serving as a witness, watching hundreds of other expert witnesses, and locating witnesses when servings as a confidential consultant. They are intended to help attorneys avoid common mistakes in selecting an expert witness.

    Appraisal disciplines have a confusing array of credentials. This occurs because:

    Intellectual Property licensing is big business, and is getting bigger. But most licensors do not earn as much as they should because they fail to perform royalty audits allowed under their license agreements.

    The IRS adopted a substantially revised Form 990 that calls for significantly expanded corporate governance disclosures.

    10/28/2005 · Expert Witnessing
    In many respects, the cross-examination of an expert witness is the same as for other witnesses. Some basics include: Be brief…Do not quarrel with the witness…Never ask a question to which you do not already know the answer…Avoid one question too many…and so on. However, there are some important differences

    7/20/2004 · Legal Issues
    If you want to improve your chances of success, commit these ideas to stone. Then follow them religiously.1. Keep it simple This is the greatest commandment, and the one most frequently violated. Too much information in a visual aid will confuse rather than clarify. Creativity does not mean complication. To achieve your goal, invoke the following guidelines

    Computers contain evidence useful in many human resource circumstances. Allegations of discrimination, sexual harassment, and unfair discharge are serious threats that are better understood by knowing what an employee did. Since computers are such a pervasive part of most employees' work lives, analysis of data stored on these computers helps address these issues

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    Heinz E. Ickert, CPA/CFF, CFE, CVA
    See Multiple Locations Below
    OH, FL USA
    phone: 614-464-3343 (OH) 941 343-7620 (FL)
    Heinz Ickert Forensic Accounting Expert PhotoHeinz E. Ickert, CPA/CFF, CFE, CVA, is a litigation and forensic expert with nearly forty years of experience in Forensic and Investigative Accounting and litigation support.

    Mr. Ickert has extensive experience in the investigation, detection, and deterrence of Fraudulent Activity on the part of employees, management, and other third parties. He has valued numerous privately held entities in potential merger and acquisition transactions or marital property settlement. His involvement in patent infringement, theft of trade secret, and copyright infringement, has included computation of damages incurred and evaluation of opposing parties' expert reports.

    Litigation Support - Mr. Ickert's experience includes working with both plaintiff and defense counsel as a consultant and/or expert witness. His verbal and written communication skills have assisted juries and Triers of Fact in arriving at sound conclusions based on the facts of the case and evaluation of damages based on computations supported by sound economic principles and accepted methodologies. Mr. Ickert is able to unwind complex financial transactions and complicated subjects and render them comprehensible in nontechnical everyday language. He has experience testifying in state and federal court.

    Heinz Ickert provides a full range of forensic accounting, investigative, and litigation support services to legal counsel including:
    • Deciphering complex financial transactions and structures
    • Explaining advanced economic and financial concepts
    • Assisting with discovery in the preparation of complete interrogatories and requests for documents
    • Suggesting inquiries to be made of opposing parties or opposing experts in deposition or trial
    • Evaluating the merits of a case from a financial and economic standpoint
    Areas of Expertise:
    • Business Valuation
    • Bankruptcy
    • Commercial Damages
    • Business Interruption
    • Intellectual Property Matters
    • Lost Profits
    • CPA Malpractice
    • Damage Calculations
  • Fraud Detection, Deterrence
  • Domestic Relations Disputes
  • Construction Claims, Project Audits
  • Shareholder Disputes
  • Contract Damages
  • Royalty Disputes
  • Mergers & Acquisitions
  • Impairment of Value
  • View Heinz Ickert's Consulting Profile.

    Ohio Office
    150 E. Mound Street
    Suite 312
    Columbus, OH, 43215
    Telephone: 614-464-3343
    Florida Office
    2015 S. Tuttle Ave.
    PO Box 1418
    Sarasota, FL 34230
    Telephone: 941-343-7620
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    Roy Theophilus Bent, Jr.
    Expert Witness / Auto Appraiser
    104 West Baker Rd.
    Baytown TX 77521
    phone: 877-845-2368 or 281-424-6466
    Houston Auto Appraisers Auto 
<br/><br/>PhotoRoy Theophilus Bent, Jr. is a well known and respected expert and consultant in the automotive industry. An IACP Certified Auto Appraiser, Expert Witness, and Field Inspector, Mr. Bent is the seated President of the Bureau of Certified Auto Appraisers, a National Professional Appraisal Credentialing Organization that has trained, tested, and certified over 2,400 students under his leadership in the practices of IACP Certified Auto Appraisals and Litigation assistance.

    Mr. Bent holds numerous licenses and credentials as an ASE Certified Mechanic, I-Car Collision Specialist, Licensed Auto Appraiser, Insurance Adjuster, Umpire, Mediator, Arbitrator, Classic Car Judge, and Vintage Car Historian.

    Litigation Support - Mr. Bent is retained by counsel to provide IACP Certified Third Party Appraisals for most auto related lawsuits. He serves law firms whose clients are involved with dissolution, probate, bankruptcy, and diminution of value, and automobile accidents.

    Mr. Bent is a contributing author in several peer reviewed journals in auto accident expert witness related theories, case studies, and reports which are used exclusively by other expert witnesses in the field. His services include deposition, arbitration, mediation, and trial testimony when necessary.

    Areas of Expertise:
  • Diminished Value Appraisals
  • Total Loss Appraisals
  • Corrosion
  • Defective Products
  • Lemon Laws
  • Air Bags
  • Repair Negligence
  • Motor Homes
  • Motorcycles
  • Recalls
  • Seat Belts
  • Auto Accident Reconstruction
  • Automotive Accident Photography
  • Automotive Odometer Tampering
  • Used Car Dealer Fraud
  • Tractor Trailers / Unsafe Loads
  • Classic Cars / Custom Vehicles
  • Commercial Vehicle Accidents
  • Electronic Control Module (ECM)
  • High / Low Speed Accidents
  • Deceptive Trade Practices
  • Ignition Switch Failures
  • Pedestrian / Vehicle Collisions
  • Public Transportation Accidents
  • Recreational Vehicles-RVs
  • Rollover-Roof Crush
  • Run Overs (Pedestrians)
  • Self-Insured / Liability Claims
  • Unibody & Frame Repair
  • Vehicle Fire Cause & Origin (Battery)
  • View Houston Auto Appraisers' Consulting Profile.
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    Dr. Kenneth E. Lehrer, PhD
    5555 Del Monte Drive, Suite 802
    Houston TX 77056
    phone: 713-972-7912 or 713-626-8184
    fax: 713-964-0444
    Dr. Kenneth E. Lehrer, PhD, a Forensic Economist, has been operating an Economic and Financial Services Consulting company since 1980. He holds four degrees from New York University: Bachelor of Science (Finance), Master of Business Administration (Banking), Master of Arts (Economics) and a Doctorate in Urban Economics. After a career on the corporate staff of Bankers Trust Company (New York), Dr. Lehrer became a Manager for the Greek Shipper, Costas Lemos.

    "Daubert" qualified, Dr. Lehrer has been successfully providing litigation support services in support of the legal community since 1984 in both Federal and State Courts throughout the country. Dr. Lehrer is able to combine more than one specific discipline, with full court acceptance in order to present current and projected damages from the viewpoint of a well qualified Economist, supported by direct area industry experience (real estate, banking, finance, and development.) His Expert Witness services are available to attorneys for both Plaintiff and Defense.

    Areas of Expertise:
    • Economic Damages, Corporate and Personal
    • Commercial Banking
    • Corporate Finance
    • Credit Analysis
    • Lost Business Income
    • Mortgages and Mortgage Financing
  • Real Estate Analysis
  • Real Estate Development
  • Real Estate Foreclosures
  • Condominium Housing
  • Financial Syndication and Offerings
  • Debt and Equity Securities
  • View Dr. Lehrer's Consulting Profile.
    4/23/2014 · Economics
    At the present time, the fundamental question is whether the petroleum "event" will turn out to be a blessing or a curse for the United States, especially the nations middle class. The increasing price of petroleum, especially if it remains at elevated levels for a prolonged period of time (say 6 months or longer) could have a pronounced negative effect on the Middle Class. These effects can be broken down into three (3) major categories - direct, indirect and subsequential.

    3/12/2014 · Finance
    There are few groups more reliable than the United States military. One could change all of their mottoes to "Again and again - no questions asked." Those who have served in the military have done so at a solid financial cost. Despite this, the years of the 1950s, 1960s and even into the 1970s were periods with high savings rates, rates that today appear almost unachievable. How did they save so much, seek to enjoy life so fully and raise another generation, the Baby Boomers?

    2/10/2014 · Finance
    Even with creative financing, accounting techniques and decreased profit margins, the American automobile industry appears unable to sustain itself and has suffered significant losses, especially in recent years. Given these realities, it would seem prudent to rely upon baseball and the one special feature they have enjoyed via compliments of a United States Supreme Court Decision in 1922, namely exemption under the Antitrust Laws, basically Sherman and Clayton Acts.

    1/8/2014 · Real Estate
    While it is true that the National Housing Act of 1930 and other acts and organizations sought to both foster and insulate housing from the overall financial marketplaces, such separation is not limitless. No matter how many special authorities, administrative agencies, or segregated financial institutions are created, in order to supply adequate shelter, the financial instrumentation utilized in the housing market is still an integral part of the overall financial marketplace. Ask any American who was born after D Day and they will presume that available and adequately priced shelter is theirs for the asking.

    12/4/2013 · Banking
    In and during the period 2000 through approximately mid 2008, for many of the nation's "subprime" households to receive loans and for many major financial institutions to loan out available funds at high rates, create "new" mortgage products, sell these newly created products downstream to investors (both institutional and individual investors) at a significant profit, investments banks and commercial banks created an unusual national scenario – subprime mortgages that were packaged and sold into mortgage backed securities

    10/31/2013 · Economics
    A person does not have to be too old to truly remember the times (mid 1960's and early 1970's) when gas stations gave away trinkets, toys, glasses, tableware and even "Green Stamps" that could be redeemed for valuable "merchandise" when you purchased a few extra gallons of gasoline. How eager the major gasoline companies were to stimulate sales, create demand and obtain their growing share of middle class consumer dollars.

    9/10/2013 · Oil & Gas
    The certainty created by a set price for petroleum should tend to create stability in many other sectors of the economy. Certainty in petroleum pricing should lead to certainty in the industrial sector and to a degree of certainty in the world’s financial sectors, namely less volatility for interest rates and other debt instruments. A higher level of certainty in the financial markets and the petrochemical markets should foster an arena for world growth and stability.

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    Philip H.B. More, PhD, CVA
    PO Box 5221
    Palos Verdes Peninsula CA 90274
    phone: 844-745-6673
    Philip More Business Valuation Expert PhotoPhilip H.B. More, PhD, CVA, is a recognized expert in Business Valuation. He has more than 40 years of experience providing expertise in creating economic value, business valuation, business strategy, and managing technology.

    Dr. More is the president and founder of Philip H.B. More LLC a firm providing litigation support and business valuation as well as executive education, and consulting in both assessing and developing economic value. He specializes in intellectual property as well as in firms undergoing turnaround, restructuring, and insolvency.

    In 2014, Dr. More retired as a professor emeritus from the University of Southern California where he served on the faculty of the Marshal School of Business as a Professor, a member of the University’s Research Committee, and the Board of Directors for the Viterbi School of Engineering’s Center for Engineering Management. He taught business and technology strategy courses that integrate the business disciplines of finance, accounting, marketing, and human resources in creating economic value for all stakeholders to graduate and undergraduate students as well as executives.

    Dr. More is the author of over 100 publications including refereed journal articles, conference proceedings, and books. He listed in Who’s Who in America, the World, in American Education, and Finance & Business as well as in American Men & Women of Science. He has served as a consultant and executive educator for public entities and private firms as well as organizations such as the Thailand and Hong Kong Management Associations.

    Litigation Support - Dr. More provides expert witness services on value creation using technology and organization for both established and emergent businesses. His expertise is available to counsel representing both plaintiff and defendant. He has experience with depositions and trial testimony.

    Areas of Expertise:
    • Business Damages
    • Business Interruption Damages
    • Lost Profits
    • Business Operations
    • Business Policy and Strategy
    • Mergers and Acquisitions
  • Estate Valuation
  • Gifting Valuation
  • Intellectual Property Valuation
  • Marital Dissolution Valuation
  • Patent Valuation
  • Contract & Partner Disputes
  • View Dr. More's Consulting Profile.
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    Doug Bania, CLP, Founding Principal
    Brian Buss, CFA, Founding Principal
    See Multiple Addresses Below
    CA USA
    phone: San Diego 858-255-4361 Los Angeles 310-975-3145
    Nevium’s experts are trial-tested IP custom & practice damages experts who take a hands-on approach with all their IP litigation assignments. Whether you are in need of an expert to calculate economic damages as lost profits / unjust enrichment, give an opinion on specific business clauses in a license agreement or to leverage Internet and Social Media analytics to prove or disapprove infringement, Nevium has the experience and expertise.

    Litigation Support:Nevium works closely with C-Level executives, in-house and outside counsel to implement the best possible business strategy that intertwines with the legal strategy. Nevium is part of the team early on in the litigation process assisting with discovery requests and deposition questions. Nevium’s experience and expertise allows the managing attorney to focus on the legal issues knowing that Nevium is proactively taking care of the business side of the case. As experienced Intellectual Property Consultants, they have real-word, hands on IP management, monetization and valuation experience that plays out well in front of a judge and jury.

    Nevium professionals provide IP expert witness testimony related to economic damages in a range of lost profits, unjust enrichment, relief from royalty, reasonable royalty, relief from pay per click, corrective advertising and IP valuation. They author reports and provide testimony for federal and state court claims, arbitration, and mediation related to false endorsement, defamation, infringement and unfair competition.

    Litigation Expertise
    • Trademark Damages
    • Copyright Damages
    • Patent Damages
  • Publicity Rights Damages
  • Defamation Damages
  • Internet and Social Media Damages
  • Areas of Analyses Expertise
    • Lost Profits
    • Relief from Royalty
    • Reasonable Royalty
  • Unjust Enrichment
  • Relief from Pay Per Click
  • Corrective Advertising
  • Past Law Firm Clients
    • Akin Gump Strauss Hauer & Feld
    • Gordon & Rees
    • Higgs Fletcher & Mack
    • Latham & Watkins
    • Pillsbury Winthrop Shaw Pittman
  • Dorsey & Whitney
  • Greenberg Traurig
  • Husch Blackwell
  • McGuireWoods
  • Winston & Strawn
  • Doug Bania IP Expert PhotoDoug Bania, CLP, Founding Principal, has over a twelve years of expertise in managing, valuing and monetizing intellectual property and intangible assets. Mr. Bania has been a named expert in over thirty (30) cases, has been deposed seven (7) times and has testified at trial four (4) times. Mr. Bania was recently called upon to testify in the Pharrell Williams, et al. v. Bridgeport Music, Inc., et al., case as the Plaintiffs’ and Counter-Defendants’ Copyright Apportionment Expert testifying in the area of Damages and Apportionment.

    Mr. Bania’s industry experience ranges from apparel to automotive and publishing to music. Prior to founding Nevium, Doug Bania managed 100s of projects related to brands, intellectual property and the related intangible assets. He has assisted clients in intellectual property matters related to acquisitions, litigation, bankruptcy, tax, estate, family and marital disputes, and licensing.

    Brian Buss Economic Valuation Expert PhotoBrian Buss, CFA, Founding Principal, is a Chartered Financial Analyst with over two decades of experience providing intellectual property and business valuation, expert testimony and transaction advisory. Mr. Buss provide solutions for IP owners, attorneys and licensees both in the United States and overseas. He has a bachelor’s degree in Biology and Economics from Claremont McKenna College and completed the Executive MBA program at San Diego State University.

    An expert in valuation and economic damages calculations, Mr. Buss has valued copyrights, brands, patents and business interests across a wide range of industries from apparel companies to airports and from technology start-ups to global consumer products companies. Often engaged to analyze unique and proprietary assets and their economic impact and contribution to financial results, he works closely with clients and counsel to develop thorough yet clear and understandable analyses.

    San Diego Office
    415 Laurel Street, Suite 341
    San Diego, CA 92101
    Telephone: 858-255-4361
    Los Angeles Office
    9107 Wilshire Blvd., Suite 450
    Beverly Hills, CA 90210
    Telephone: 310-975-3145

    View Nevium's Consulting Profile.
    Most of the existing literature on copyright infringement is concerned with the valuation of intellectual property rather than the apportionment of the value that is directly attributable to the intellectual property asset at issue. Further, few of the currently proposed IP valuation methods and little of the literature addressing the determination of damages appears directly applicable to the case of copyright in the context of artistic productions. Within the creative arts, recorded music offers a particularly complex and interesting case within which to explore this issue, as different portions of the relevant copyright to the recorded song may be held by different persons.

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