1/19/2018· Economics
Using Ex-Ante and Ex-Post Benchmarks in Estimating Damages
Benchmarks are the basis for damages. But when the assumptions behind the benchmarks fail to stand up to Daubert scrutiny, expert testimony may be excluded.
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1/11/2018· Computers
How to Overcome Contractual Challenges for Data Center Projects – Part 1
By: Philip J. Isaak
This is the first in a series of six posts on how to overcome contractual challenges for data center projects. The series will address:
12/28/2017· Economics
Assessing Economic Damages in Wrongful Termination Cases
This paper presents a method for measuring economic damages in wrongful termination cases. Such cases present the damages expert with a problem since the available studies of earnings recovery after a job loss are based on a limited time period after a job loss and many workers never catch-up to the previous earnings level. A two-step approach is offered. First, the expert uses appropriate available empirical evidence to develop a typical earnings catch-up period. Second, the expert gathers information about case factors affecting the duration of the period to earnings catch-up. Using these factors, the expert modifies the base time period to develop a reasonable range of years for earnings catch-up. The ultimate choice of lost earnings is left for the court to decide, given the range presented by the expert. Cases directly or indirectly supporting this method are presented.
12/27/2017· Intellectual Property
Tide turns in US and EU agencies' policies on SEP licensing
By: Keith Mallinson
The new US Department of Justice antitrust leader says antitrust enforcers are too accommodating to IP implementers when in dispute with standard-essential patent owners. Instead, patent owners should be allowed to decide how they want to exercise their property rights: "under the antitrust laws, a unilateral refusal to license a valid patent should be per se legal" – he also reminds us "the right to exclude is one of the most fundamental bargaining rights the patent owner possesses."
12/14/2017· Economics
Do Managerial Motives Influence Firm Risk Reduction Strategies?
This article finds evidence consistent with the hypothesis that managers consider personal risk when making decisions that affect firm risk. I find that Chief Executive Officers (CEOs) with more personal wealth vested in firm equity tend to diversify. CEOs who are specialists at the existing technology tend to buy similar technologies. When specialists have many years vested, they tend to diversify, however. Poor performance in the existing lines of business is associated with movements into new lines of business.
12/14/2017· Economics
Why Law Firms Need Internal Controls
By: Michael Garibaldi, CPA, ABV, CFF, CGMA
Most lawyers know how big a problem occupational fraud is in corporate America. They may even count as clients companies that have been defrauded and suffered significant losses. Yet a "not at my firm" attitude persists among many partners who take for granted the honesty and integrity of their colleagues and staff.
12/13/2017· Land Use
Condemnation & Ownership Rights
Property owners have rights and protecting those rights was a central part of the Founding Fathers' goals. Nevertheless, there are certain circumstances in which owners can have their property taken from them. The process through which private property is legally dispossessed by the government is known as condemnation. Property owners are entitled to fair compensation and have the opportunity to offer their own valuation information in condemnation proceedings. There are various factors to consider for accurate property valuation: size, zoning, structures, use, accessibility, adjacent properties, leases, etc. An essential part of due diligence is determining precisely what the property comprises.
12/11/2017· Economics
Effective Use of Economists as Expert Witnesses
Imagine you are lead counsel on an airline crash case in which more than 200 lives were lost, each involving a wrongful death case. A plaintiff attorney has hired an economist whose report on damages for one person, a Korean leather goods importer, exceeded $200 million. What should you do? Plaintiff’s expert is a Ph.D. from a top university who teaches economics and has many publications.
12/8/2017· Insurance
What You, As a Personal Injury Victim, Should Know
By: Darryl Horowitt
Unfortunately, many of us at one time or another, will be a victim of an automobile accident which was simply not our fault. If you are injured, the law provides that you may be entitled to recover monetary damages for hospital expenses, medical treatment, prescriptions, lost wages, and other damages for pain and suffering. The amount of such damages differs based upon your injuries.
11/20/2017· Finance
Understanding Financial Misstatement: The Least Common Type Of Fraud Can Also Be The Costliest
By: Michael J. Garibaldi CPA, ABV, CFF, CGMA
When a dishonest CFO or controller cooks the books, it can be devastating for the victim organization. In addition to direct financial losses, financial statement frauds erode trust between management and other stakeholders, including lenders, investors and employees who own company stock. Unfortunately, it's common for smaller companies to associate financial misstatement with large public companies that focus heavily on earnings per share.
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Design, Analysis, Expert, Trial, Forensic Witness
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