Damages & Lost Profits

Arguably one of the most complex areas of valuation, the calculation of lost profits and/or damages depends upon numerous unique intricacies.  Getting to the “winning” number comes down to procuring the right evidence at every turn.  Learn from the leading minds in economic damages and lost profits calculations.
Guides & Books

Calculating Economic Damages in Intellectual Property Infringement Cases

September 2016

In this one-stop resource you’ll find a comprehensive overview of strategies, analysis, case studies, and legal insight to help you calculate and recover or defend a case involving the infringement of intellectual property. Nowhere else will you find such a complete and thorough analysis of current case law and the valuation methods that form the basis of damage awards in IP infringement cases. Learn more >>

The Comprehensive Guide to Economic Damages, Fourth Edition

April 2016

The Comprehensive Guide to Economic Damages, Fourth Edition (formerly The Comprehensive Guide to Lost Profits and Other Commercial Damages), edited by  Nancy J. Fannon and Jonathan 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. Learn more >>

Business Valuation Yearbook 2016

February 2016

Keep up with business valuation’s most innovative approaches and techniques, new court decisions, and regulatory and professional standards updates. BVR has you covered with the Business Valuation Update Yearbook 2016. This newest edition from the publishers of Business Valuation Update covers the year’s most groundbreaking and thought-provoking advancements Learn more >>

BVR Legal and Court Case Yearbook 2016

February 2016

The BVR Legal and Court Case Yearbook 2016 is essential for business appraisers and attorneys who want to stay ahead of their peers on the most important legal issues confronting business valuation. With in-depth analysis from BVR’s legal team, the lessons learned in this book help appraisers come to better and more defensible valuation conclusions. Learn more >>

Business Valuation Update Yearbook 2015

February 2015

BVR has you covered with the latest news in the business valuation profession! Get your Business Valuation Update Yearbook 2015 now to stay up to date with the most innovative approaches and techniques, leading conferences, new court decisions and changes in regulations and standards in the profession with on-the-ground reporting from valuation experts, thought-leaders and the BVR editorial team. Learn more >>

BVR Legal and Court Case Yearbook 2015

February 2015

The BVR Legal and Court Case Yearbook 2015 is essential for business valuation professionals and attorneys to stay current on the most important legal issues confronting the profession. The Yearbook covers marital disputes, breach of contract actions, damages, dissenting shareholder disputes, estate and gift tax cases, federal taxation, intellectual property cases, bankruptcy litigation, and more. Learn more >>

Guide to Intangible Asset Valuation

November 2014

This 700-page book, published by the AICPA, explores the disciplines of intangible asset valuation, economic damages, and transfer price analysis. Guide to Intangible Asset Valuation examines the economic attributes and the economic influences that create, monetize, and transfer the value of intangible assets.  Learn more >>

Valuation Cases From the Delaware Court of Chancery Show How to Excel (PDF)

October 2014

Valuation Cases From the Delaware Court of Chancery Show How to Excel is an important and one of a kind reference tool for your library. The court case digests and articles presented in this special report provide rigorous analysis of and insight into the court’s view of business valuation methodologies and valuation techniques. Learn more >>

Intellectual Property Valuation Case Law Compendium, Second Edition

August 2014

BVR's Intellectual Property Valuation Case Law Compendium, 2nd Edition contains over 170 case digests and online access to the full text opinions that deal with disputes over the value of intellectual property. Use this compendium to take the guesswork out of understanding what it takes for an effective expert/attorney team to win a case in intellectual property valuation. Learn more >>

Understanding Business Valuation: A Practical Guide to Valuing Small- to Medium-Sized Businesses, 4th edition

September 2012

Written by Gary Trugman, Understanding Business Valuation: A Practical Guide to Valuing Small-to Medium-Sized Businessessimplifies a technical and complex area of practice with real-world experience and examples. Trugman's informal, easy-to-read style covers all the bases in the various valuation approaches, methods, and techniques.  Learn more >>

Lost Profits Damages in Construction Claims (PDF)

September 2011

The nature of economic damages in the construction industry is unique mainly due to the numerous events that can impact timing, performance or the sequence of a project. BVR’s Special Report on Lost Profits Damages in Construction Claims covers the examination of typical claim types and pricing methodologies as well as the calculation of lost profits and the appropriate methods and procedures used to determine net economic damages. Learn more >>

Valuing a Business: The Analysis and Appraisal of Closely Held Companies, 5th Ed.

January 2008

Since the first edition was published in 1981, the profession of business appraisal has matured immensely. The IRS has come out with business valuation guidelines, and the AICPA has published their business valuation standards. While each organization’s standards or guidelines are slightly different from the others, there is unanimous agreement on the central concepts of business valuation.  Learn more >>
Training

Projecting But-For Profits


Personal Injuries: Valuing the Impact

Misuses of IP Over the Internet: Searching for Value

Fraudulent Transfers: Solving for Solvency

Forensics in Lost Profits Cases

Calculating Damages for Insured Claims

Lost Profits in Early Stage Companies

Unjust Enrichment

Damages in M&A and Purchase Price Disputes

Lost Profits in Trademark and Copyright Cases

Deal & Market Data
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News & Research

Business Valuation Update

The Business Valuation Update (BVU), a monthly newsletter with searchable online access, includes new thinking from leading professionals, detailed reports from valuation conferences, analysis of new business valuation approaches, thorough analysis of “landmark” legal cases in key business valuation issues, regulatory and standards updates, and much more. Learn more >>

BVLaw

Attorneys and appraisers alike turn to the exclusive BVLaw collection of 3,700+ cases and case digests concerning business valuation issues including economic damages, lost profits, estate and gift tax, divorce, shareholder repression, partnership dissolution, securities litigation - and more. Learn more >>
Blog Posts

How else to look at the 'Gawker' case: It's about unjust enrichment

It's not your average lost profits or lost business opportunity case. Rather, Hogan's damages experts were successful in quantifying damages under the less-common unjust enrichment theory. Rather than focusing on the damages to Hogan, the plaintiff, stemming from Gawker's misconduct, the experts calculated the gain to Gawker, the defendant, from the misuse of Hogan's assets, that is, his brand and other intellectual property. Read more >>

Court admits expert's anti-'Georgia-Pacific' royalty calculation

There is no absolute requirement to develop a reasonable royalty based on the Georgia-Pacific framework. That's the takeaway from a Daubert ruling in which the court denied the defendant's motion to preclude the testimony of the opposing damages expert, who determined a reasonable royalty based on market data instead of the customary Georgia-Pacific factors. Read more >>

Wholesale exclusion of expert testimony contravenes Daubert, 2nd Circuit says

One error in an extensive economic analysis does not automatically call into question the entire expert opinion, the 2nd Circuit Court of Appeals recently said in the context of a securities fraud lawsuit involving the drug giant Pfizer. With this pronouncement the appeals court resuscitated a class action that had died after the district court excluded the plaintiffs' loss causation and damages expert under Daubert based on errors in the expert's event study. Deprived of the testimony, the plaintiffs were unable to prove two critical elements of their claim. Read more >>

Destruction of financial evidence trips up guilty party's own experts

As a damages expert, what do you do when your own client has destroyed vital financial information? Two highly educated finance professionals working on a contract case solved this dilemma by relying exclusively on the opposing side's sales projections, only to see their analysis buckle under a Daubert challenge. Read more >>

Mississippi high court sets record straight on assessing economic damages

A Mississippi trial court’s cavalier approach to determining economic damages in a dispute involving allegations of breach of fiduciary duty and usurpation of a business opportunity triggered a petition with the state Supreme Court to clarify the applicable measure of damages. The trial court used the wrong standard and accounting procedures for calculating the loss to the plaintiff, the Supreme Court decided. Read more >>

Chancery finds financial advisor’s merger work close to perfection but no cigar