Litigation Support Articles
Posted by Douglas Sosnowski on December 15, 2020
When business owners or other laypeople testify on complex financial or valuation issues, there’s a risk that their testimony will be found inadmissible in commercial litigation.
Optical Works and Logistics V. Sentinel Insurance Company – Using Financial Experts to Support Business Interruption Claims
Posted by Louis Cercone, Jr. on November 03, 2020
As a result of pandemic-related shutdowns, many businesses have filed claims under their business interruption insurance policies. These claims have resulted in litigation over the scope of coverage and the meaning of key policy terms.
Posted by Louis Cercone, Jr. on March 17, 2020
Litigants in federal cases often challenge the admissibility of expert testimony, arguing that it fails to meet minimum standards of relevance and reliability.
Posted by Louis Cercone, Jr. on November 19, 2019
Courts are divided on whether to allow discounts when valuing business interests in shareholder disputes and divorce cases. Whether discounts are equitable typically depends on state law, case facts and, ultimately, the court’s discretion.
To Tax Affect or Not to Tax Affect? Federal Case Reviews the Tax-Affecting Debate for Pass-Through Entities
Posted by Louis Cercone, Jr. on October 22, 2019
In Kress v. United States, a federal district court accepted the practice of tax affecting the earnings of so-called “pass-through” entities. It also rejected the application of a premium to reflect the tax advantages of owning a minority interest in a pass-through business.
Posted by Louis Cercone, Jr. on September 17, 2019
Delaware’s Supreme Court recently struck down a controversial statutory appraisal decision in Verition Partners Master Fund Ltd. v. Aruba Networks, Inc.
Posted by Louis Cercone, Jr. on June 18, 2019
In commercial tort claims, courts must decide how much damage the plaintiff suffered from the defendant’s alleged wrongdoing. A recent Eighth U.S. Circuit Court of Appeals case upheld a jury’s damages award based on lost market value, even though the business wasn’t completely destroyed.
Posted by William P. Allen on March 19, 2019
In federal court, the admissibility of expert testimony is governed by the strict Daubert standard. Courts in most states have also adopted the Daubert standard, but others may apply the less stringent Frye standard.