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10/14/2022· Construction

The "No Damages For Delay" Clause

By: Long International

Construction projects involve risks. A well-structured construction contract allocates certain risks to the party that is best able to control those risks. Delay is a common risk that construction contracts allocate. A delay may increase costs for owners, contractors, and subcontractors to complete a project.

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1/22/2021· Damages

Economic Damages Calculations: Ex-Ante and Ex-Post Considerations

By: Michael Pakter

The choice and use of an ex-ante or ex-post analysis can lead to divergent results in protracted litigation. The article provides an illustration of how and why the results may differ. Litigation consultants are advised to consider the above and await instruction from legal counsel regarding the approach that needs to be taken.

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11/25/2020· Damages

Attaining Reasonable Certainty in Economic Damages: What Constitutes Best Evidence (Part III of III)

By: Michael Pakter

The purpose of this article - the third of three (Part I and Part II) on this topic - is to provide the reader with an understanding Chapter 3 (What Constitutes Best Evidence) of the 2018 Practice Aid as well as certain other publications containing a body of knowledge on the best evidence to support economic damages in a court of law

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4/3/2020· Intellectual Property

VirnetX Prevails as Supreme Court Denies Apple’s Writ of Certiorari Regarding Patent Damages Apportionment

By: Scott D. Hampton

On February 24, 2020, VirnetX announced the U.S. Supreme Court denied Apple’s petition for a writ of certiorari. Apple had asked the High Court to consider the Federal Circuit’s claimed misguided use of prior license agreements to calculate patent infringement damage awards without satisfying the Supreme Court’s precedent that an apportionment between patented and non-patented features of multi-component products be performed in every case

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12/27/2019· Damages

Attaining Reasonable Certainty in Economic Damages (Part II of III)

By: Michael Pakter

The purpose of this article—the second of three on this topic—is to provide the reader with an understanding of Chapter 2 (Costs) of the 2018 Practice Aid as well as certain other publications containing a body of knowledge on the best practices for developing “avoided or saved costs,” sometimes referred to by the courts as incremental costs.

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10/5/2019· Damages

Attaining Reasonable Certainty in Economic Damages (Part I of III)

By: Michael Pakter

The AICPA has issued two practice aids, one on 2015 and most recently in November 2018, focused on the calculation of economic profits and damages. The purpose of this article—the first of three on this topic—is to provide the reader with an understanding of Chapter 1...

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3/20/2017· Damages

Using Internet Analytic Tools for Valuation and Damages Calculations in Internet IP Infringement and Defamation Cases

By: Doug Bania and Brian Buss

Use of the Internet and social media has become an increasingly essential element of conducting business in the United States and globally, which in turn raises new issues for calculating damages and performing valuations. With almost every business now using the Internet and social media to conduct business, cases of Internet IP infringement, IP misuse, and defamation have increased and evolved. Before the rise of these new media, cases of infringement and defamation typically occurred in print or on television and were visually obvious.

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2/24/2015· Damages

Life-Care Planners Can Help Simplify Damages For The Jury

By: Ronald T. Smolarski

How do you determine what care and how much money a chronically or catastrophically disabled individual will need for the rest of his or her life? Some attorneys representing either the plaintiff or the defendant in such cases are now getting the expert help they need from specially trained rehabilitation consultants called "life care planners".

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4/17/2013· Damages

Computing Lost Profits in Business Interruption Litigation: A General Model

By: Dr. Stanley Stephenson

This paper focuses on business interruption litigation and how to compute lost profits as a remedy. The main contribution of the paper is development of a general model of economic damages which assesses lost profits by measuring the incremental changes in revenue, variable costs, and fixed costs.

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3/15/2013· Damages

Proving Damages in Trademark Cases

By: Dr. Stanley Stephenson

Proving damages in trademark litigation-typically lost profits or disgorgement of the defendant's profits-generally involves citing the infringer's sales of the infringing product.

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