“Hollywood Accounting” Attack Upheld By The Ninth Circuit
December 10th, 2012
December 2012 “Who Wants to be a Millionaire” is an American game show that is based on the UK program of the same name. When [...]
Other Commercial Damages Articles
Supreme Court Brings California Closer To The Federal Expert Witness Admissibility Standard
December 10th, 2012
December 2012 In a unanimous opinion, the California Supreme Court clarified that trial courts may use either California Evidence Code Sections 801(b) or 802 to [...]
Rules Of Thumb And Other Short-Cuts Are Dangerous For Damage Calculations
November 26th, 2012
November 2012 Plaintiffs often desire short cuts to damage measurements. Given the cost of using experts employing proper methods and data, the temptation is obvious. [...]
Federal Circuit Reverses Damage Verdict Not Supported By Proper Expert Testimony
April 18th, 2010
September 2009 Many lawyers admit that they are not “a numbers person”. If you are one of these folks, you need to hire an [...]
Daubert & Kumho Expert Challenges Increase, Moving Away From Their Original Purposes
August 1st, 2009
June 2011 PricewaterhouseCoopers (PwC) recently issued a study of what has occurred with financial (usually damages) experts since the 1999 Supreme Court decision in Kumho [...]
Disgorgement Returned As A Monetary Remedy In Delaware Cases
August 1st, 2009
June 2011 Although the case at issue involves insider trading, the limitations involving disgorgement as a monetary remedy could be applied to many other circumstances. [...]
Expert Fees Recoverable In Trade Secret Disputes
April 18th, 2009
December 2006 In the legislative session that just ended, Civil Code 3426.4 was amended to permit recovery of costs by a prevailing party in [...]
Ninth Circuit Provides New Cost-Based Rule For Antitrust Cases
April 14th, 2009
September 2007 In McKenzie-Willamette Hospital vs. PeaceHealth (no. 05-35627, September 4, 2007), the Ninth Circuit established a new test regarding whether bundled transactions were [...]
Energy Capital Corp. Case Provides Important Guidance On Commercial Damages
April 14th, 2009
October 2003 A 2002 case, Energy Capital Corp. v. United States (302 F.3d 1314; 2002 U.S. App. LEXIS 16447), provides guidance on three issues [...]
Checklist for Damages Expert Witness Selection
April 14th, 2009
Here are items you need to determine when selecting a financial expert to address your damages calculation:
Another Example Of False Economy When Presenting Damages
April 14th, 2009
September 2010 A plaintiff with a large verdict against accounting giant KPMG lost its award because the appellate court could not find evidence that [...]
Ninth Circuit Supports Lone Pine Orders Without Restrictions
March 18th, 2009
March 2011 A Lone Pine order is a case management device in which the judge requires the plaintiff to make a prima facie showing of [...]