Litigation Services Handbook: The Role of the Financial Expert

Litigation Services Handbook: The Role of the Financial Expert

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Product Details

ISBN-13: 9781119166320
Publisher: Wiley
Publication date: 05/01/2017
Pages: 1440
Sales rank: 1,160,760
Product dimensions: 7.40(w) x 10.10(h) x 2.00(d)

About the Author

Roman L. Weil (Chicago, IL), PhD, CPA, CMA is V. Duane Rath Professor of Accounting at the University of Chicago. Weil is director of the Chicago/Stanford/Tuck Directors' Consortium, which he co-founded. Weil has also designed and implemented continuing education programs for partners at the accounting firms of Andersen and PricewaterhouseCoopers as well as for employees at Goldman Sachs, Montgomery Wards, Merck, and William Blair and for business executives in Great Britain, Singapore, and Hong Kong. He also has been a visiting professor at Harvard Law School, Princeton Economics Department, and NYU Stern School.

Daniel G. Lentz (Washington, DC) is Partner and National Leader of Ernst & Young's Dispute Services team within E&Y Fraud Investigation and Dispute Services practice. He is co author of The Business Interruption Book: Coverage, Claims and Recovery. Lentz has worked with numerous companies in developing their business interruption claims related to the 9/11 terrorist attacks in New York, as well as losses sustained in natural disasters. His experience, across all industries, encompasses business interruption and lost profits claims, product liability, merger and acquisition disputes, reinsurance disputes, fraud investigations, class action lawsuits.

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Table of Contents

Preface xi

PART I: THE LITIGATION ENVIRONMENT

1. A Dispute Resolution Primer 1.1
Elizabeth A. Evans, Daniel G. Lentz, Roman L. Weil

2. Serving as a Financial Expert in Litigation 2.1
Elizabeth A. Evans, Roman L. Weil

3. Testimony Considerations 3.1

Part A: Daubert Criteria
Douglas E. Branch, Saleema K. Damji

Part B: The Art of Testimony
Daniel G. Lentz

PART II: DEVELOPING A DAMAGES ANALYSIS

4. Damages Theories and Causation Issues 4.1
Elizabeth A. Evans, Phil J. Innes, Daniel G. Lentz

5. Ex Ante versus Ex Post Damages Calculations 5.1
Elizabeth A. Evans, Roman L. Weil

6. Use of Statistical Sampling in Litigation 6.1
Mark A. Gustafson, Peter P. Simon

7. Survey Research in Litigation 7.1
Paul J. Lavrakas, Jeffery A. Stec

8. Statistical Estimation of Incremental Cost from Accounting Data 8.1
M. Laurentius Marais, William E. Wecker, Roman L. Weil

9. Econometric Analysis 9.1
Anna C. King, Mohan P. Rao, Christian D. Tregillis

10. Estimating the Cost of Capital 10.1
R. Jeffrey Malinak, Justin McLean

11. Business Valuation 11.1
Joseph J. Galanti

12. Business Interruption Insurance Claims 12.1
Daniel G. Lentz, Robert M. Reeves

13. Lost Earnings of Persons 13.1
Daniel G. Lentz, Elizabeth B. Sandza

14. Expert Analysis of Class Certifi cation Issues 14.1
Christopher Chorba, Mark A. Gustafson, D. Lee Heavner, Peter P. Simon

PART III: LITIGATION TOOLS AND TECHNIQUES

15. Data Management 15.1
Karen M. Cheek, Erik W. Gibson, Cathy Hasenzahl, Matthew P. Jennings, Russell L. Miller, Vincent M. Walden

PART IV: ANCILLARY ISSUES IN DAMAGES MATTERS

16. Prejudgment Interest 16.1
Jeffrey M. Colón, Michael S. Knoll

17. Punitive Damages 17.1
Peter A. Bicks, Rachel M. McKenzie, Shasha Y. Zou

18. Tax Treatment of Damages Awards 18.1
Jill Kennedy, Tim Sherman

PART V: CIVIL LITIGATION

Intellectual Property

19. Economic Analysis of Nonpatent Intellectual Property Rights and Damages Measures 19.1
Elizabeth A. Evans, Peter P. Simon

20. Patent Infringement Damages 20.1
Landan J. Ansell, John W. Holzwarth, Vincent E. O’Brien, William B. Scally

21. Role of Financial Experts in ITC Section 337 Investigations 21.1
Ryan N. Herrington, Brendan P. Rogers

22. Calculating Infringer’s Profi ts in Trademark, Copyright, and Design Patent Cases 22.1
Christopher P. Gerardi, Dawn R. Hall, Juli Saitz

23. Royalty Audits and Contract Compliance Investigations 23.1
Ben W. Sheppard

Ownership and Business Failure

24. Merger and Acquisition Transaction Disputes 24.1
Elizabeth K. Gulapalli, Christen L. Morand, Gregory E. Wolski

25. The Troubled Business and Bankruptcy 25.1
Daniel G. Lentz, Grant W. Newton, Lynda H. Schwartz

26. Alter Ego 26.1
Elizabeth A. Evans, Daniel G. Lentz

Regulatory Litigation

27. Federal Securities Acts and Areas of Expert Analysis 27.1
Kevin L. Gold, Eric Korman, Ahmer Nabi

28. Economic Analysis in Securities Class Certification 28.1
Michal A. Malkiewicz, Cathy M. Niden, Mohan Rao

29. Monitorships and Deferred Prosecution Agreements: History, Process, and Recent Trends 29.1
Norman J. Harrison

30. Securities Finance Disputes 30.1
Edmon W. Blount, Eric B. Poer, Tiko V. Shah

31. Antitrust 31.1
Amy W. Ray, Christopher D. Wall

32. Federal Contract Disputes 32.1
Andrew G. Artz, Sajeev D. Malaveetil

Construction and Real Property Disputes

33. Construction Claims 33.1
Bilge Astarlioglu, Stephen P. Lechner

34. Real Estate Litigation 34.1
Mariano S. Borges, Steven A. Klett, Mark R. Molepske, Michael E. Straneva

Other Civil Litigation

35. Accountant Liability 35.1
Mark A. Carlson, Thomas H. L. Selby

36. Executive Compensation in the Litigation Setting 36.1
Eli Bartov, Lynda H. Schwartz

37. Covenants Not to Compete (“Noncompete Agreements”or “NCAs”) 37.1
Elizabeth A. Evans, Kevin F. Rasmussen, Roman L. Weil

38. Employment Litigation 38.1
Christopher Haan, Elaine Reardon, Ali Saad

39. Fair Lending Litigation 39.1
Joshua Garcia, Valerie L. Hletko, H Joshua Kotin, Benjamin P. Saul

PART VI: CRIMINAL MATTERS AND INVESTIGATIONS

40. Tax Fraud: Criminal Cases 40.1
Edward M. Robbins Jr.

41. Financial Statement Investigations 41.1
Dean C. Bunch, Karen M. Cheek, Desi Ivanova

42. Health Care Fraud and False Claims Act Damages 42.1
Frank E. Correll Jr., Thomas A. Gregory, Gregory M. Luce, Karen A. Makara

43. International Investigations: Successful Planning and Execution 43.1
Sergio P. Negreira

PART VII: FAMILY LAW

44. Family Law Services 44.1
Donald A. Glenn, Charles A. Burak

About the Editors

About the Contributors

Index

What People are Saying About This

Lisa Doble Johnson

An exceptional compilation of resources available to those looking for financial and industrial information on the Internet. Those quite experienced with Internet research as well as those just starting out will find helpful information in this book.
—(Lisa Doble Johnson, Vice President Research Mercer Capital)

From the Publisher

An exceptional compilation of resources available to those looking for financial and industrial information on the Internet. Those quite experienced with Internet research as well as those just starting out will find helpful information in this book. —Lisa Doble Johnson, Vice President, Research Mercer Capital

"This book will save the appraiser significant time when looking for pertinent data. A great resource to increase the quality of work product and credibility of the appraiser's conclusions." —Michele G. Miles, Esquire Executive Director, Institute of Business Appraisers

This is a highly practical reference tool for any business appraiser or financial advisor. The authors are two of the best-known business valuation research professionals in the United States. —Shannon Pratt, CFA, FASA, MCBA Managing Director, Willamette Management Associates

Eva and Jan have organized an amazing breadth of resources available on the Internet. No financial professional should try to do research without reviewing this book. It will make your research more efficient and expansive if you use the sources highlighted here. —Z. Christopher Mercer, CEO, Mercer Capital

Through years of financial research and training, these two highly talented and skilled professionals have provided not only a broad listing of available sites, but also a carefully selected and thorough menu to direct the practitioner to essential data for their research engagements.... This book serves as a highly useful and practical tool for every valuation practice, helping all analysts to better understand the enormous research possibilities availed to them through the Internet. With thoughtful, quality guidance, it will help you overcome your research obstacles and maximize your valuable research time. —James L. (Butch) Williams, CPA/ABV, CVA, CBA, Chairman of the AICPA Business Valuation Subcommittee Dixon Odom PLLC

"This work of amazing breadth and depth covers the central issues that arise in financial expert testimony. It is an esential reference for counsel and practitioners in the field." —Joseph A. Grundfest, The William A. Franke, Professor of Law and Business, Stanford Law School, former Commissioner of the United States Securities and Exchange Commission.

Z. Christopher Mercer

Eva and Jan have organized an amazing breadth of resources available on the Internet. No financial professional should try to do research without reviewing this book. It will make your research more efficient and expansive if you use the sources highlighted here.
—(Z. Christopher Mercer, CEO, Mercer Capital)

Shannon Pratt

This is a highly practical reference tool for any business appraiser or financial advisor. The authors are two of the best-known business valuation research professionals in the United States.
—(Shannon Pratt, CFA, FASA, MCBA Managing Director Willamette Management Associates)

Michele G. Miles

This book will save the appraiser significant time when looking for pertinent data. A great resource to increase the quality of work product and credibility of the appraiser's conclusions.
—(Michele G. Miles, Esquire Executive Director Institute of Business Appraisers)

James L. (Butch) Williams

Through years of financial research and training, these two highly talented and skilled professionals have provided not only a broad listing of available sites, but also a carefully selected and thorough menu to direct the practitioner to essential data for their research engagements... This book serves as a highly useful and practical tool for every valuation practice, helping all analysts to better understand the enormous research possibilities availed to them through the Internet. With thoughtful, quality guidance, it will help you overcome your research obstacles and maximize your valuable research time.
—(James L. (Butch) Williams, CPA/ABV, CVA, CBA, Chairman of the AICPA Business Valuation Subcommittee Dixon Odom PLLC)

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