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This edited collection addresses the major issues encountered in the calculation of economic damages to individuals in civil litigation. In federal and state courts in the United States, as well as in other nations, when one party sues another, the suing party is required not only to prove that the harm was, indeed, caused by the other party, but also to claim and demonstrate that a specified dollar value represents just compensation for the harm. Forensic economists are often called upon to evaluate, measure, and opine on the degree of economic loss that is alleged to have occurred. Aimed at both practitioners and theorists, the original articles and essays in the edited collection are written by nationally recognized and widely published forensic experts. Its strength is in showcasing theories, methods, and measurements as they differ in a variety of cases, and in its review of the forensic economics literature developed over the past thirty years. Readers will find informative discussions of topics such as establishing earnings capacity for both adults and infants, worklife probability, personal consumption deductions, taxation as treated in federal and state courts, valuing fringe benefits, discounting theory and practice, the effects of the Affordable Care Act, the valuation of personal services, wrongful discharge, hedonics, effective communication by the expert witness, and ethical issues. The volume also covers surveys of the views of practicing forensic economists, the connection between law and forensic economics, alternatives to litigation in the form of VCF-like schedules, and key differences among nations in measuring economic damages.
Focuses on litigation damages, economic and non-economic, including punitive damages; their definitions, calculations, and assignments in the US and EU. This book examines areas of convergence and divergence in the academic and practical treatment of damages issues in the US and EU.
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. Inside the pages of Calculating Economic Damages in Intellectual Property Infringement Cases, you'll learn the accepted methods and gain insight into legal issues from top damages experts and IP attorneys. This includes in depth materials on damages in the context of patents and other types of intellectual property as well as continually expanding case law that interprets what prior courts have deemed as acceptable evidence for intellectual property claims. You'll also learn what the courts have rejected and details explaining the reason for the rejection. This completely updated guide also features new materials on case law relating to reasonable certainty and motions to exclude experts in lost profits damages cases. Examples of chapter topics you'll find in this comprehensive resource include: Patent Infringement Damages: Lost Profits and Royalties Lost Profits in Trademark and Copyright Cases Use of Survey Research in Damages Estimation Using Internet Analytic Tools for Valuation and Damages Calculations in Internet IP and Infringement and Defamation Cases Plus an expansive section on the unjust enrichment remedy. Plus much, much more included throughout this extensive resource. Calculating Economic Damages in Intellectual Property Infringement Cases is a MUST-HAVE for all IP experts, tech transfer executives, and IP attorneys."
Insider Information at Your Fingertips Determining the worth of intellectual property (IP) is a complicated task. An IP litigator needs to conclude the monetary damage occurring as a result of harm done to an inventor's or a company's reputation as well as the economic damage caused by compromise of an idea or invention due to its unauthorized usage. Edited by litigation expert Daniel Slottje, Economic Damages in Intellectual Property: A Hands-On Guide to Litigation sheds light on how to quantify damages in IP litigation matters with revealing contributions from IP professionals, attorneys, economics professors, certified public accountants and other damages professionals. This essential resource is thoroughly researched with timely insight on quantification of damages; evaluation of damage claims in trade secrets; patent, copyright, and trademark cases; economic damages; and much more. With IP litigation becoming more and more prevalent today, the demand increases for IP professionals and attorneys to understand how economists, accountants, and financial analysts quantify damages in IP matters. Economic Damages in Intellectual Property: A Hands-On Guide to Litigation demystifies this process and provides you with an "at-your-fingertips" resource brimming with current, relevant information in the field of intellectual property litigation.
The 4rd Edition of The Comprehensive Guide to Economic Damages, edited by Nancy J. Fannon and Jonathan Dunitz, Esq., provides a deep and rich resource for financial experts and attorneys seeking guidance on damage calculations. The Guide focuses on financial evidence: how to gather it, interpret it, and tell its story in a lawsuit or litigation setting. Blending the financial expert's knowledge of accepted methods and procedures with the attorney's knowledge of legal issues and insights, it provides in-depth analysis and interpretation of the continually expanding body of case law.Key highlights of the new edition include:-Updated and expanded chapters covering all aspects of calculating lost profits / loss of business value -An insightful and comprehensive look at the unjust enrichment remedy -Substantive new materials on forensic accounting -A new chapter covering business interruption -Expanded coverage of benefit of the bargain damages -Expanded insights into intellectual property damages, including patents, trademarks and copyright -New and enhanced abstracts of many of the lost profit and damage cases found throughout the book Ensure that you have the most up-to-date thinking on damages by adding The Comprehensive Guide to Lost Profits and Other Commercial Damages to your business library today!
"An excellent primer on economic damages for attorneys with injury and wrongful death cases." This book provides a concise non-mathematical introduction to economic valuation issues involving lost wages, employee stock options, hedonic damages, fringe benefits, household services. The book is well-suited for both new and seasoned attorneys litigating medical malpractice, products liability, or personal injury cases. In addition to providing a discussion of the underlying methodology, actual values for the economic damages in an injury or wrongful death case can be determined using the numerous tables and resources in this book. There are also discussions on a number of current trends and issues related to the admission of economic expert evidence in state and federal courts. "A hands on and interactive introduction" The supporting website, http: //www.economicdamagehandbook.com contains numerous on-line calculators and downloadable documents that readers can use to assist them in proving or rebut economic damages in any case.