Category: Economic Damages
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Special Issues in Intellectual Property Valuation
Intellectual property valuation is a complicated subject. Intellectual property valuation is hindered by the difficulty of sourcing financial information specific to the intellectual property. It is difficult (though not impossible, that is what Our Experts do) to separate the economic effects of an intellectual property from that of the company exploiting them. Intellectual property suffers…
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The Basics of the Panduit Test
Establishing a clear framework for assessing damages is essential in patent and intellectual property litigation. One of the most widely recognized methods for determining damages in patent infringement cases is the Panduit Test. The Panduit Test provides a structured approach to evaluate the financial impact of patent infringement. While the Panduit Test was originally created…
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The Basics of Price Premiums
In commercial litigation, price premiums are used to calculate damages in certain claims. Expert witnesses with specialized knowledge in economics, finance, marketing, or other related fields are frequently called upon to testify. This article explores the complexities surrounding price premium calculations and the unique contribution that expert witnesses make in legal disputes involving this concept.…
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Key Qualities of an Effective Expert Witness
Engaging the right expert witness can be pivotal to the success of a case. Expert witnesses are called upon to help the court explain complex material to assist the court in understanding highly technical issues. Lawyers must consider these qualities to ensure that their witness is credible, persuasive, and reliable. The following are the most…
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The Basics of Chi-Squared Tests
Background Chi-squared tests can be a powerful tool for lawyers dealing with economic damages in litigation cases. A Chi-Squared Test is a statistical test to determine if there are differences between two populations (i.e., sets of data). Chi-Squared tests are used to test based on categorical data (e.g., gender, race). Other tests are used for…
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Determining Reasonable Executive Compensation
Background For a wide variety of purposes, including business valuation, assessing minority shareholder claims, and the assessment of payroll and income taxes, it is necessary to consider the reasonableness of executive compensation. This is particularly true when the executive is also the controlling person of the business paying the compensation. Valuation analysists do this as…
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Reduce personal injury and wrongful death damages by 50% in one easy step
Consider someone permanently injured or killed in their early 30s that: Undiscounted, that is $4.0 million in damages. Using the “risk-free” rates of today (some of the highest that have been seen in 20+ years), results in a damage payout of approximately $2.8 million. If you instead assume the “risk-free” rates will not stay at…
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The Basics of Duty to Mitigate
Many types of commercial litigation include the duty to mitigate. The duty to mitigate is an affirmative duty: a plaintiff must make reasonable efforts to reduce their losses. When a plaintiff does not, then their damages are reduced under the assumption they had taken reasonable efforts to reduce their losses, or they are excluded from…
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Producing QuickBooks Online is Easy
If opposing counsel is claiming that producing QuickBooks Online accounting records cannot be done, or doing so would be difficult and overly burdensome, it is not. Producing a QuickBooks Online for litigation can be done in a few short minutes. There is no need to make any changes or modifications to the file, the company’s…
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How to Value: Car Washes & Auto Detailing
Industry Description The car washes & auto detailing industry cleans, washes and waxes automobiles, such as cars, trucks, vans and trailers (NAICS 811190). This industry also includes self-service car wash establishments. The industry does not include automotive repair or maintenance services, which are the subject of other valuation guides. The following are some basic characteristics…