Market Research Logo

Comprehensive Guide to Economic Damages 5th Edition

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
Unjust enrichment
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
Apportionment
Damages in cases involving rights of publicity and for franchises
And, more!

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
Acknowledgments
Author Bios
Foreword
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
Index of Cases in Volume One
Volume Two: Case Law Derived from Business Valuation Resources

Download our eBook: How to Succeed Using Market Research

Learn how to effectively navigate the market research process to help guide your organization on the journey to success.

Download eBook

Share this report