4/19/2021· Damages
Economic Damages From ERISA Portfolio Mismanagement
The fund managers were alleged to have violated their fiduciary duty to maintain proper diversification in the fund by allowing one particular security to make up more than 25% of fund value and up to over 40% of fund value by mid-2015.
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.
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
4/22/2020· Damages
Personal Injury Evaluations: The 5 Step Model We Use To Determine Causation And Damages
Personal injury evaluations have become common place in personal injury and worker’s compensation litigation. We get a lot of requests from personal injury attorneys to complete psychological or neuropsychological evaluations for their personal injury cases
4/3/2020· Intellectual Property
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
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.
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...
3/20/2017· Damages
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.
3/25/2016· Damages
Vocational Experts: How to Effectively Challenge in Damage Cases
By: Allan Billehus
Vocational Rehabilitation Counselors specialize in the study of medical and psychological aspects of disability, assessing an individual's disability to delineate functional limitations and possible vocational alternatives. This unique and specialized knowledge places vocational rehabilitation counselors in a critical forensic role as an expert witness for the tire of fact. The vocational expert (VE) assessment and testimony measures the scope and severity of a disability in functional and vocational limitations. This is vital in accidents that occurred and may be subject to legal claims for monetary damages.
2/26/2016· Damages
Valuing a Dream-Lost Profits Damages for a Development Stage Start-Up
By: Tony Wayne
Executive Summary: Imagine the extraordinarily unusual challenge of valuing a going-concern start-up enterprise yet to make their first sale which was completely destroyed by a casualty loss and never-reopened. Further complicated by the inherent ambiguity, risk and complexity of the embryonic development stage industry in which they were attempting to operate and succeed.
by Michael J. Fagel, PhD
by Mitch Jackson
by Donald Sanders, DVM, DACT, PAS
