| Special Considerations for Lost Profits Calculations
Program Type: Recorded Webinar (Audio, PPT Presentation)
Program Level: Basic
Prerequisites: Previous training or experience with the fundamentals of accounting, finance, economics, and business writing.
Advanced Preparation: None
Delivery Method: Group Internet-Based
CPE Credits: Three (3) Hours
Fields of Study: Accounting
Shipping Weight: 0lbs. 0oz.
These Business and Intellectual Property Damages Webinars focus on the legal foundations, methodology, best practices, and current trends in business damages and infringement of patents, trademarks, copyrights, and other intellectual property. The Webinars are based on Nancy Fannon's The Comprehensive Guide to Lost Profits Damages for Experts and Attorneys, with contributing author Rebekah Smith, the preeminent book in the industry on business damages. Through case analysis, attendees will have the opportunity to identify and apply the most appropriate methodology in the analysis and formulation of damages opinions from the perspectives of both plaintiff and defendant. Attendees will learn how to build their damages analysis in a manner that will withstand the most rigorous challenges.
During the Webinars, the attendee will refresh themselves on basic economic damages concepts and then delve deeper into more advanced topics such as the differences between lost profits and loss of business value as well as understanding when it is appropriate to apply one or both methods. The Webinars will also explore how legal theories, code sections, and case law govern business damages. Advanced concepts, such as how to conduct qualitative and quantitative analyses that will survive the court's scrutiny; how revenue and profit projections can be impacted by risk; how business interruption insurance and damage claims collide; how to discount damage calculations, including the court's view on discounting; how to prove new business damages; and how to identify other industry-specific issues that impact the damage calculation, will be covered. Other topics and techniques will be discussed such as how motions can impact the financial expert and ways to protect oneself from Daubert challenges as well as other motions in limine. A case study will be used to identify and analyze the topics discussed clarifying subjects in question.
The Webinars will also present an overview of intellectual property and forms of intellectual property damages based on portions of Nancy J. Fannon's The Comprehensive Guide to Lost Profits Damages for Experts and Attorneys, with
contributing authors Richard Hoffman and Richard F. Bero. A portion of the time will be used to discuss topical Federal Circuit decisions, key legal cases, and factors based on the fundamental Panduit and Georgia-Pacific cases, as well as recent cases addressing current issues such as the entire market value rule (EMVR) and comparable license agreements, among others. Other topics will include patent damage concepts and how valuation concepts and patented technology have an influence on determining the appropriate form of patent damages. A variety of case studies will be used to expand these concepts as well as trademark and copyright damages issues.
After completing this session, attendees will be able to:
- Apply quantitative methodologies in the measurement of damages
- Apply damages methods and models appropriate to the facts and circumstances (and the governing law)
- Apply advanced damages concepts in preparing a damage calculation that will withstand scrutiny
- Evaluate business interruption insurance and damage claims
- Discuss forms of intellectual property damages
- Explain the similarities and differences in utility patent, design patent, trademark, copyright, and trade secrets damages
- List relevant cases addressing intellectual property damages
- Apply valuation concepts to intellectual property damages
- Identify the basic components to address in an intellectual property damages expert report
- Describe and understand the recent history of the entire market value rule (EMVR)
- Recognize the relevant considerations in whether or not license agreements are sufficiently comparable
Who Should Attend
CPAs, valuation experts, economists, and other financial professionals who render services designed to assist in the resolution of legal disputes involving financial matters.
Richard F. Bero, CPA, CVA, ABV
Rebekah Smith, CPA, CVA, MAFF, CFF
Howard Zandman, CPA, CFF, MAFF
Please note: The above presenters may all be presenting at once or they may rotate.