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Financial experts increasingly offer litigation services to lawyers. These professionals need a comprehensive reference book such as this Handbook. The first and second editions of this Handbook appeared in 1990 and 1995, respectively, and we've enjoyed both their sales and professional recognition.
This third edition of the Litigation Services Handbook contains 46 chapters (19 new to this edition), all written by experts in their fields. We have enlisted economists and lawyers to write many of the new chapters and have asked all authors to expand and update the case law discussion. We asked authors also to discuss how rapidly developing technology has changed their practice.
We imagined this book to be useful to financial experts engaged in litigation services, the lawyers who engage them, and the litigants who ultimately benefit from the efforts of both groups. We selected the authors for their expertise and asked them to provide our readers with the benefits of their institutional knowledge, experience, and techniques. These experts have not withheld their secrets.
Organization and Writing. This Handbook comprises six major parts, each addressing a different practice area or set of functional tools.
Part I. The Litigation Environment (four chapters) discusses the civil court system, alternative dispute resolution, laws governing expert witness testimony, and how CPAs and economists function within that environment.
Part II. Damages Techniques (ten chapters) addresses the components of damages calculations with new chapters on lost profit calculation, damages to new businesses, punitive damages from an economist's perspective, and tax treatment of damages awards.
Part III. Litigation Tools (two new chapters) discusses communicating with a jury through visual aids and litigation analysis databases.
Part IV. Civil Litigation (23 chapters) addresses specific kinds of commercial cases, categorized in the following subsections:
1.Securities Litigation (four chapters; new chapters on event studies and corporate governance)
2. Intellectual Property (five chapters; new chapters on copyright infringement and royalty audits)
3. Antitrust/ Business Combinations (two chapters)
4. Bankruptcy (two chapters)
5. Construction and Environmental Disputes (three chapters; new chapter on estimating environmental damages)
6. Other Civil Litigation (seven chapters; new chapters on accountant's liability, federally insured banks, and international trade litigation)
Part V. Marital Dissolution (five chapters) includes a new chapter on valuation and division of property.
Part VI. Criminal Cases (two chapters) includes a new chapter on internal corporate fraud.
Also included, and new to this edition, is a Glossary, which includes both business and legal terms.
Common writing practice often uses the word gender instead of the word sex in sentences such as: The law often finds employment discrimination by sex illegal. As language purists, we prefer to restrict the word gender to its technically correct meaning as a classification of a word, from two or more choices, to determine its agreement with referents, modifiers, and grammatical forms. We intend no offense to those who think writers should use the word gender to distinguish male from female human beings and other species. Sometimes we have changed an author's use of the word gender to the word sex. This does not mean that all authors of chapters in this book eschew the word gender to mean sex of a human being; some of them prefer that usage.
Annual Supplement.As with the previous two editions, the publisher plans to produce an annual supplement which will update material in the Handbook that becomes obsolete and which will contain entirely new chapters. As this edition goes to press, we already plan new chapters on revenue estimation, class action, biotechnology, and Internet damages. We invite readers to let us know what new materials they would like to see. Send suggestions to Roman L. Weil at the Graduate School of Business, University of Chicago, 1101 East 58th Street, Chicago, IL, 60637, or by e-mail: roman. weil@ gsb. uchicago. edu.
Relation between Authors and Editors.We acknowledge the cooperation and patience our contributing authors have shown. We do not agree with everything they say. We prefer to have experts giving their own opinions, even when controversial, rather than less specific guidance—like bland committee reports—we can all agree on. Although we tried to define the chapters to avoid duplicate coverage, some duplication remains because we think we better serve the reader by making presentations self-contained.
Acknowledgments.Think of us as traffic cops. We do nothing but point hither and yon every so often. Others do all the heavy lifting. We could not have done this Handbook without Debbie Asakawa, whom we plucked from the unheralded life of a soccer mom, bread baker, and tennis player of modest note. Without her, the editors could not have handled three weddings, two graduations, and two arriving grandchildren during the time critical to this Handbook's production. We paid Debbie enough to take her family to Moscow (Russia, not Idaho) this summer. We didn't give her enough time to enjoy it. Thank you; thank you; thank you.
We also acknowledge Cherie Weil's continued excellent work on developing the index and co-authoring the glossary. Philip Upton provided assistance in the early stages of this edition without which we could not have constructed even the table of contents of this Handbook.We also thank the following individuals who reviewed chapters from the previous edition and offered suggestions for changes and improvement. They selflessly gave their time and expertise to strengthen the work of others: Christopher Gerardi, Don Glenn, Cate Elsten, Kevin Bandoian, Ted Martens, James Chalmers, Dale Jensen, David S. Williams, Bob Lindquist, Donald Rocen, Mike Urban, Ruth Perez, Mark Moscarello, Jeff Kinrich, Douglas Coppi, and Lester Lowenstein.
Roman L. Weil
Peter B. Frank
Michael J. Wagner
|About the Editors|
|About the Contributors|
|Pt. I||The Litigation Environment|
|Challenges to the Admissibility of Financial Expert Witness Testimony|
|Pt. II||Damages Techniques|
|Compensating the Plaintiff for Asynchronous Payments|
|Pt. IV||Civil Litigation|
|Event Study Methods: Detecting and Measuring the Security Price Effects of Disclosures and Interventions|