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4/22/2020 · Damages

Personal Injury Evaluations: The 5 Step Model We Use To Determine Causation And Damages

By: Dr. Emin Gharibian

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

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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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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.

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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.

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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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4/24/2014 · Damages

New Path For Accelerated Damages Discovery Requires Immediate Expert Assistance

By: David Nolte

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.

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11/13/2013 · Damages

Investigating the True Cause of Post Hurricane Property Conditions

By: EFI Global - Ted Cleveland and George Eustace

Following a hurricane, damages to a residential structure can range from structural distress, to small areas of mold growth to a total loss of the structure. Storm damage can affect multiple components of a structure including the roof, windows, siding, foundation and interior finishes. Wind or water is often the most common cause of damage to residential properties; however, there are many factors to consider when assessing the various causes of damage. Some of the factors include material use, age, condition and construction methods as well as type, location and extent of the damage. It is essential that a professional with hurricane damage assessment experience evaluate these factors to accurately define the cause.

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selected resources

Cleaning with Solvents: Science and Technology

by John B. Durkee, PhD, PE

Extreme Weather (The Insiders)

by H. Michael Mogil, et al

Accommodating all guests: The Americans with Disabilities Act and the lodging industry

by John Salmen, AIA