An updated explanation of the methodology for how lost profits should be measured Now fully revised and updated, focused on commercial litigation and the many common types of cases, this is the only book in the field to explain the complicated process of measuring business interruption damages. The book features an easy to understand and apply, step-by-step process for how losses should be measured so as to be accurate and reliable and consistent with the relevant laws. With a new chapter on the economics of punitive damages, the new edition also explains detailed methods for measuring damages in contract litigation, intellectual property lawsuits, antitrust, and securities cases. This new Second Edition incorporates the latest developments in the fields of economics and accounting, while also integrating the most current changes in case law. Here's what you will find * Each chapter includes new materials and updated content* Added websites for sources of data* Includes a website for updated tables that can be utilized by readers* A section of the new cases involving Daubert challenges to economists* Includes methods on how to do industry research* A new section covering the equity risk premium and the various recent research studies, which set forth the debate on what the premium should be Containing exhibits, tables, and graphs, new cases involving Dauber, how to do industry research, equity risk premium, research studies on the marketability discount, anti-trust, punitive damages, and more, Measuring Business Interruption Losses and Other Commercial Damages, Second Edition incorporates the relevant literature and research that has come out in this field over the past four years.
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Patrick A. Gaughan has published eight books, including the award-winning Mergers Acquisitions and Corporate Restructurings, Fourth Edition, published by Wiley. He is President of Economatrix Research Associates, Inc., a firm that has conducted damages analysis for the past twenty years for corporate clients such as Airbus, GE, GM, Ford, Philip Morris, and Wyeth as well as insurance companies including Liberty Mutual, Zurich, State Farm, and many of the major law firms in the United States.
MEASURING BUSINESS INTERRUPTION LOSSES AND OTHER COMMERCIAL DAMAGES
SECOND EDITION
Computing damages in business interruption lawsuits requires a sound knowledge of fields such as litigation economics, forensic accounting, and law. Now, one comprehensive volume has been developed for practitioners in this field specifically for dealing with the diverse demands presented by commercial damages analysis.
The only book in this field to explain the complicated process of measuring business interruption damages—whether caused by wrongful acts of defendants in lawsuits or natural disasters— Measuring Business Interruption Losses and Other Commercial Damages, Second Edition provides a comprehensive framework for how such losses should be measured. The areas covered in this updated second edition include:
This book then goes on to show how damages are measured in important specialized areas such as:
Clearly written, this major contribution's self-contained chapters are an invaluable resource for the various busy practitioners working in this area.
Computing damages in business interruption lawsuits requires a sound knowledge of fields such as litigation economics, forensic accounting, and law. Now, one comprehensive volume has been developed for practitioners in this field specifically for dealing with the diverse demands presented by commercial damages analysis.
The only book in this field to explain the complicated process of measuring business interruption damages—whether caused by wrongful acts of defendants in lawsuits or natural disasters—Measuring Business Interruption Losses and Other Commercial Damages, Second Edition provides a comprehensive framework for how such losses should be measured. The areas covered in this updated second edition include:
Recent developments in the courts on damages
Selecting a damages expert and challenging an opposing expert
Understanding the role of the economy in business interruptions
Doing an industry analysis to support or refute loss claims
Methods of projecting lost sales
Computing the costs of lost sales to arrive at lost profits
Discounting to present value and addressing risk
This book then goes on to show how damages are measured in important specialized areas such as:
Intellectual property litigation, including patent, copyright, and trademark cases
Securities litigation, including fraud on the market, mergers and acquisitions, and broker-related damages
Antitrust litigation, including how markets are defined and ways of measuring anticompetitive behavior
Economics of punitive damages, with discussion on the various effects caused by imposing punitive damages on corporate defendants
Clearly written, this major contribution's self-contained chapters are an invaluable resource for the various busy practitioners working in this area.
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