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The Comprehensive Guide to Lost Profits Damages for Experts & Attorneys, 2011 Edition
Business Valuation Resources, Dec 2010, Pages: 948
In the 2011 edition, of 'The Comprehensive Guide to Lost Profits Damages, For Experts & Attorneys', Nancy Fannon, ASA, MCBA, CPA, ABV brings together the comprehensive body of knowledge on lost profits damages and delivers the definitive resource for financial experts and attorneys alike. Fannon and other leading experts provide thorough analysis of current case law and valuation methodology related to the calculation of damages.
This book is about financial evidence: how to gather it, interpret it, and tell its story in a lawsuit or litigation setting. This is the task that the attorney typically retains the financial expert to accomplish. This comprehensive guide endeavors to bring together the financial expert's knowledge of accepted methods and procedures with the attorney's knowledge of legal issues and insights. This includes a summary of the applicable rules of civil procedure and of evidence, as well as the rich and continually expanding case law that interprets what prior courts have accepted as evidence for lost profits claims - and what the courts have rejected and why. This guide contains representational analyses as well as excerpts and abstracts of case law on lost profits damages. However, like any authoritative text, it is a tool and not a substitute for the professional's knowledge of a particular case, the potential impact of local rules regarding discovery, and the jurisdictional nuances that may affect the lost profits calculations.
In addition to standards, methodology, discount rates, and evidentiary matters, this second edition brings extensive analysis of additional concepts that are important for lost profit and financial damage calculations. These new materials include an insightful, in-depth look at the case law relating to reasonable certainty, by Professor Robert Lloyd. It also includes comprehensive materials on motions to exclude experts in lost profits damages cases, both by issue and by jurisdiction, with materials contributed by Professor Lloyd and Jonathan Dunitz, Esq.
Additional new topics include damages for early stage companies, by Neil Beaton, ASA, CFA, ABV, and Tyler Farmer, Esq., and benefit of the bargain damages by Jeffrey Litvik, Esq. and Kevin Shannon, Esq. The guide also features a significantly expanded section on patent damages, contributed by Rick Bero, CPA/ABV, CVA, CLP, CFF, and by new contributors William Marsdsen, Esq. and Tim Devlin, Esq. Finally, Daniel Gelb, Esq. and Richard Gelb, Esq. have added their expertise by contributing a chapter on electronic evidence.
This edition also updates all chapters for lost profits case law over the past year, and provides abstracts of many of the cases discussed throughout the text.
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