DAMAGES ARTICLES MAIN PAGE

9/5/2010· Damages

A Quick Overview of Commercial-Damages Economics

By: Jules H. Kamin, PhD

Commercial damages occur in breach-of-contract and business-tort cases that result in claims of lost profits or diminished business goodwill or business value. Intellectual-property-infringement cases and antitrust cases also can involve such loss claims. The measurement of damages in these types of cases follows a basic methodology, with some variations in intellectual-property matters. Measurement of damages in securities-fraud cases uses a different approach.

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...

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.

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

4/17/2013· 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.

10/25/2012· Damages

Determining the Value of Household Production as a Component of Economic Damages

By: Dr. Stanley Stephenson

The forensic financial expert may be familiar with assessing lost profits, earnings capacity, or even valuing a business, but what is the expert to do about damages arising from lost ability to engage in non-market work? In a personal injury, wronful death or similar tort cases, physical limitations may restrict market and non-market work the latter forming the basis for an additional source of damages.

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.

11/25/2009· Damages

Forecasting Cash Flow: Mathematics of the Payout Ratio

By: Jay Abrams, ASA, CPA, MBA

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.

11/19/2012· Damages

Investigating Equipment Damage Claims in Latin America

By: Envista Forensics - John Hicks

A water pipe breaks in a healthcare provider's facility, saturating an MRI control cabinet. The manufacturer is called in and spends $200,000 on attempted repairs. The unit still doesn't work. The manufacturer says the entire unit needs to be replaced, at a cost of $240,000.

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".