Comprehensive Guide to Economic Damages 5th Edition
The Comprehensive Guide to Economic Damages, 5th Edition edited by Nancy J. Fannon and Jonathan M. Dunitz, bridges the gap between the economics in damages cases and what the courts say about the calculations and evidentiary requirements. It provides a deep and rich resource, found nowhere else, for financial experts and attorneys seeking guidance on damage calculations.
Written from the perspectives of financial experts and attorneys, the guide blends the financial expert’s mastery of accepted methods and procedures with the attorney’s expertise in legal issues while providing in-depth analysis and interpretation of the continually expanding body of case law. It describes the different types of damages and how to calculate them, while presenting the problems that may arise and how stakeholders can address them. With each successive edition of this guide, the authors have drilled deeper on the existing chapters and broadened the scope of damages topics covered. With 43 chapters and over 300 court case digests, the guide provides the most comprehensive analysis of any damages text available.
Highlights of the new edition include:
A knowledge base that allows for a better working relationship between a financial expert and the attorney–Experts are most beneficial to attorneys when they’re well-informed about damage remedies and the context in which they are calculated. When an expert is more knowledgeable, he or she can be more valuable to the attorney in terms of the various options for remedies, given a particular context
Comprehensive materials on a variety of damages measures including:
Measurements on lost profits or value
Intellectual property damages
Other commercial damages
Expanded content on personal injury and wrongful termination
Seven new chapters–Among other topics, new chapters address:
Theft of trade secrets
Damages in cases involving rights of publicity and for franchises
In-depth analysis—This guide includes expanded analysis of motions to exclude experts and a review of the concept of reasonable certainty, based on significant research on the topic
A comprehensive reference to case law – Interprets what the courts have accepted as evidence for damages claims—and what the courts have rejected and why
Please note: this is delivered as a Zip file.
- Volume One
- About the Editors
- Author Bios
- Part I. Expert Testimony in the U.S. Courts
- Chapter 1. Professional Standards for Experts By Michael A. Crain, DBA, CPA/ABV, CFA, CFE
- Chapter 2. The Process: A Brief Introduction to the U.S. Court Systems, From Filing to Appeal By Jonathan M. Dunitz, Esq., and Clifton T. Hutchinson, Esq.
- Chapter 3. Spoliation of Evidence By David B. Chaffin, Esq., and Rachel J. Eisenhaure, Esq.
- Chapter 4. A Guide to Electronic Discovery and Evidence By Daniel K. Gelb, Esq. and Richard M. Gelb, Esq.
- Chapter 5. Expert Depositions: Accountants, Economists, and Appraisers By David L. Herzer Jr., Esq.
- Chapter 6. The Reasonable Certainty Requirement in Lost Profits Litigation: What It Really Means By Robert M. Lloyd, Esq.,
- Chapter 7. Motions to Exclude Financial Experts By Jonathan M. Dunitz, Esq., and Clifton T. Hutchinson, Esq.
- Chapter 8. Motions to Exclude Expert Testimony By Robert M. Lloyd, Esq.
- Part II. Lost Profits Damages
- Chapter 9. Context of the Lost Profits Damages Claim By Jonathan M. Dunitz, Esq., and Tyler L. Farmer, Esq.
- Chapter 10. Performing Credible Lost Profits Analyses By James O’Brien, CPA, CFF, and Greg Stillman, Esq.
- Chapter 11. Projecting But-For Profits By Stacey Udell, CPA/ABV/CFF, CVA
- Chapter 12. Establishing Evidence in Lost Profits Cases By Tom Burrage, CPA/ABV, CVA, CFF, and Clifton T. Hutchinson, Esq.
- Chapter 13. Lost Profits Versus Lost Business Value By Tyler L. Farmer, Esq., and Neil J. Beaton, CPA/ABV/CFF, CFA, ASA
- Chapter 14. Discounting Lost Profits in Damage Measurements By Michael A. Crain, DBA, CPA/ABV, CFA, CFE
- Chapter 15. Discounting Damages: Case Law By Robert M. Lloyd, Esq.
- Chapter 16. Use of Forensic Evidence in a Lost Profits Case By Michael Kaplan, CPA/ABV/CFF, CVA, MAFF, and Rebekah Smith, CPA/CFF, CVA, MAFF
- Part III. Damages in Specific Industry Settings
- Chapter 17. Calculating Damages for Early-Stage Companies By Neil J. Beaton, CPA/ABV/CFF, CFA, ASA, and Tyler L. Farmer, Esq.
- Chapter 18. Lost Profits for Physician Practices and Violation of Noncompete Agreements By Mark O. Dietrich, CPA/ABV
- Chapter 19. Lost Profits Issues Unique to the Government Contracts Industry By Patrick A. McGeehin, CPA, Daniel E. Johnson, Esq., and Evan Sherwood, Esq.
- Chapter 20. Construction Claims By Greg A. McKinnon, CPA/CFF, CMA
- Chapter 21. Lost Profits for Automobile Dealerships By Timothy W. York, CPA/ABV
- Chapter 22. Lost Profits Analysis in Eating Establishments By Ron Seigneur, CPA/ABV, ASA, CVA, CFF, CGMA
- Chapter 23. Damages and Right of Publicity Infringements By Audrey Wessel, Esq., and Mark Roesler, Esq.
- Chapter 24. Franchise and Dealership Litigation Damages By Mark M. Leitner, Esq., Joseph S. Goode, Esq., and Ted Stockton
- Part IV. Intellectual Property Damages
- Chapter 25. Intellectual Property Overview By Michael A. Crain, DBA, CPA/ABV, CFA, CFE
- Chapter 26. Patent Infringement Damages: Lost Profits and Royalties By Richard F. Bero, CPA/ABV, CVA, CLP, and Autumn N. Nero, J.D.
- Chapter 27. Trade Secret Damages By Richard F. Bero, CPA/ABV, CVA, CLP, and Jon Margolies, J.D.
- Chapter 28. Lost Profits (and Other Damages) in Trademark and Copyright Cases By Rick Hoffman, Mark Glick, Ph.D., J.D., and Milan Politi ,J.D.
- Chapter 29. Uses of Survey Research in Damages Estimation By Larry Chiagouris and Leon Kaplan
- Chapter 30. Using Internet Analytic Tools for Valuation and Damages Calculations in Internet IP Infringement and Defamation Cases By Doug Bania, CLP, and Brian Buss, CFA
- Chapter 31. Profit Apportionment in Intellectual Property Infringement Damages Calculations By Brian Buss, CFA, and Doug Bania, CLP
- Part V. The Unjust Enrichment Remedy
- Chapter 32. Introduction to Remedies in Equity By George P. Roach
- Chapter 33. Counting the Beans: Unjust Enrichment and the Defendant’s Overhead By George P. Roach
- Chapter 34. Restitution Rollout: The Restatement (Third) of Restitution & Unjust Enrichment:
- Counter-Restitution for Monetary Remedies in Equity By George P. Roach
- Part VI. Personal Injury/Wrongful Death
- Chapter 35. Economic Damages From Personal Injury and Wrongful Death By James A. (Jim) Koerber, CPA/ABV/CFF
- Chapter 36A. Damages in Common-Law Employment Cases By Joseph D. Garrison, Esq., and Joshua R. Goodbaum, Esq.
- Chapter 36B. Calculation of Damages in Common-Law Employment Cases By James A. (Jim) Koerber, CPA/ABV/CFF
- Part VII. Other Damages Analyses
- Chapter 37. Financial Forensic Services for Internal Investigations By Peter Resnick, CPA, CFF, CFE, and Greg Naviloff, CPA, CFF, CFE, ABV
- Chapter 38. Business Interruption and Damage Claims By John Garaffa, Esq.
- Chapter 39. An Overview of Accounting and Financial Analysis in Fraudulent Transfer Matters By Jeffrey L. Baliban, CPA, ABV, CDBV
- Chapter 40. Compensation Forfeiture: Stacking Remedies Against Disloyal Agents and Employees By George P. Roach
- Chapter 41. Post-Acquisition Disputes and Related Damages By Jeff Litvak, CPA/ABV/CFF, ASA, Kenneth Mathieu, CPA/ABV/CFF, Jared Bourgeois, CPA/ABV, CFE, and Jonathan Dunitz, Esq.
- Chapter 42. Event Studies in Securities Litigation By Adrian M. Cowan, Ph.D., and Paul J. Seguin, Ph.D.
- Chapter 43. Use of Statistical Analysis to Measure Damages By Charles D. Cowan, Ph.D.
- Part VIII. Index
- Index of Cases in Volume One
- Volume Two: Case Law Derived from Business Valuation Resources