Study: Expert Witnesses Put Litigation at Risk with Wrong Benchmarks to Calculate Damages Reviewed by Momizat on . Study: Expert Witnesses Put Litigation at Risk with Wrong Benchmarks to Calculate Damages Marks Paneth & Shron reports that expert witnesses who rely on ass Study: Expert Witnesses Put Litigation at Risk with Wrong Benchmarks to Calculate Damages Marks Paneth & Shron reports that expert witnesses who rely on ass Rating:
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Study: Expert Witnesses Put Litigation at Risk with Wrong Benchmarks to Calculate Damages

Study: Expert Witnesses Put Litigation at Risk with Wrong Benchmarks to Calculate Damages

Marks Paneth & Shron reports that expert witnesses who rely on assumptions that overlook business reality often cause their testimony to be excluded on a Daubert challenge.

Donald M. May, Ph.D., current director in the Litigation and Corporate Financial Advisory Group at Marks Paneth & Shron LLP, has published a commentary in the Marks Paneth & Shron Library examining the critical mistake expert witnesses often make .  In the commentary, Dr. May discusses:

  • Why benchmarking shouldn’t be a “one size fits all” approach
  • The risks of relying on ex-ante benchmarks to set damages in cases
    involving lost profits and lost enterprise value
  • The impact of poorly conceived benchmarks in Celebrity Cruises v.
    Essef
  • The ways to improve success rates by adding a consulting expert to the
    litigation team

Read  the full text of Dr. May’s commentary, “Benchmarking: A Challenging Task for Expert Witnesses,” in the Marks Paneth & Shron Library.

In Expert Witnessing, Assumptions about How to Calculate Damages are Critical

 

The National Association of Certified Valuators and Analysts (NACVA) supports the users of business and intangible asset valuation services and financial forensic services, including damages determinations of all kinds and fraud detection and prevention, by training and certifying financial professionals in these disciplines.

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