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Litigation Services Bulletin - Spring 2014

Posted 2:08 PM by

In This Issue:

Apple v. Samsung: A Battle Ends, but the War Is Likely Far from Over
Between Apple and Samsung, more than half of all smartphones purchased worldwide are sold by either of the two mobile device manufacturers. As a result of this fierce competition, Apple and Samsung have been embroiled in more than 50 lawsuits around the world in what has become known as the “smartphone patent wars.”
By Jay R. Cunningham, CPA

In Daubert Attack, Valuation Expert Portrayed as Mere Mouthpiece
Valuation experts often build on someone else’s assumptions to make reliable calculations. But can an expert simply evaluate and validate information from others without testing the underlying assumptions or conducting an independent analysis? A recent lost profits case illustrates.

Reliable or Obsolete? Delaware Chancery Scrutinizes Precrisis Projections
Five years after the 2008 economic meltdown, observers look back with a good deal of hindsight. But when the Delaware Court of Chancery recently assessed the reliability of pre-recession management projections for its discounted cash flow analysis (DCF), hindsight is precisely what it wanted to avoid.

Never Assume Royalty Base Analysis Ends with Finding Smallest Salable Unit, Court Cautions
Being a plaintiff’s damages expert in the intellectual property arena may be one of the hardest jobs in valuation these days. That was one of the messages that resonated from the American Institute of Certified Public Accountants (AICPA) Forensic & Valuation Services Conference 2013 in Las Vegas.

Harsh Words from the Court for Underperforming Experts
Valuation experts who take on an engagement for which they lack the qualifications or the time risk a tongue-lashing in court, as a recent bankruptcy case demonstrates.

Daubert Tolerates Impeachable Aspects of Expert Testimony
In appealing a $16 million jury award to Alaska Rent-A-Car for the breach of a settlement agreement, Avis claimed the plaintiff’s expert made unsupportable assumptions and comparisons regarding the market and other car rental companies that compromised his calculations.



Katz, Sapper & Miller’s Litigation Services Bulletin is a quarterly newsletter that focuses on the latest developments in litigation services and financial damages expert consulting.