• Litigation Consulting - QuickRead Top Story

    Applying the Modern New Business Rule in Real Life

    February 25, 2026

    Overview of an Expert’s Testimony in a Precedent Setting Texas Court Case The author had the opportunity of being the economic expert for the plaintiff in the initial case in the Business Court of Texas Eighth Division. This assignment provided the author with an opportunity to argue the modern new business rule as the basis for the lost profits calculations prepared in connection with the case. It provided the first Daubert (Robinson in Texas courts) challenge in business court and the first judge’s ruling on a motion to exclude an expert’s testimony for the business court. This article reviews the…

  • Litigation Consulting - QuickRead Featured

    Preparing for Expert Witness Testimony, Part 2 of 2

    November 20, 2013

    Getting ready for your day in court Part 1 of Preparing for Expert Witness Testimony was published in QuickRead in August 2013.  The article dealt primarily with the importance of effective engagement letters and information gathering in the expert witness preparation process.  It would behoove readers to revisit  Part 1 to receive the full value of the expert witness process. 

  • QuickRead Top Story - Valuation/Appraisal

    Structuring the Intangible Asset Analysis Assignment

    October 22, 2013

    The standard 10 stages to use in an intangible asset engagement In this second installment, Robert F. Reilly completes his review of the 10 typical stages of any intangible asset analysis engagement. For purposes of this article, an intangible asset analysis may include a valuation, damages analysis, transfer price study, or other economic analysis. The business appraiser will typically consider these stages, or elements, before, during, and after performing any quantitative or qualitative analyses.

  • QuickRead Featured - Valuation/Appraisal

    Structuring the Intangible Asset Analysis Assignment

    October 16, 2013

    The standard 10 stages In this first half of his two-part series, Robert F. Reilly summarizes six of the ten typical stages of any intangible asset analysis assignment. For purposes of this article, an intangible asset analysis may include a valuation, damages analysis, transfer price study, or other economic analysis. The business appraiser will typically consider these stages, or elements, before, during, and after performing any quantitative or qualitative analyses.

  • Mergers and Acquisitions/Exit Planning - QuickRead Featured

    Calculating the Preference Claim in a Chapter 7 Liquidation

    October 1, 2013

    Garner v. Knoll, Inc.—the mathematics of a hypothetical liquidation analysis A preference payment is subject to recovery by the debtor’s estate. Having to return a “preference payment” may come as a surprise. In this case, the issue before the court is whether a creditor received far more than what it would have received under a Chapter 7 liquidation. The case illustrates the mathematics used in conducting (a basic) hypothetical liquidation.