• Case Law - QuickRead Top Story

    Legal Update: October 2025: Dewberry Group, Inc. v. Dewberry Engineers, Inc.—Constraints Using Disgorgement

    December 3, 2025

    In 1946, the United States Congress enacted the Lanham Act to create a registry and provide protections for certain forms of intellectual property and protect consumers from unfair competition. Damages arising from Lanham Act claims can be severe. In Dewberry Group, Inc. v. Dewberry Engineers Inc., an unusually unified Supreme Court addressed how disgorgement can be constrained. In 1946, the United States Congress enacted the Lanham Act (15 U.S.C. §§1051 et seq.) (the “Act”) to create a registry and provide protections for certain forms of intellectual property and protect consumers from unfair competition. While typically limited to disgorgement of the…

  • QuickRead Top Story - Valuation/Appraisal

    The Power of Artificial Intelligence and Machine Learning

    September 6, 2023

    in Business Valuations The advent of ChatGPT and its other AI apps has come to the forefront. This is potentially disruptive technology that will raise uncomfortable issues, but also open the door to innovation and new industries. AI will impact how business valuations are performed and the role of accredited professionals. This article discusses how AI and machine learning could impact the business valuation profession. Is knowledge power? Artificial intelligence (AI) refers to using computers, IT systems, and technologies and their abilities to perform tasks that naturally require human intelligence, i.e., simulated cognitive, critical thinking, and reasoning capabilities. How does…

  • QuickRead Top Story - Valuation/Appraisal

    Intellectual Property Valuations

    January 19, 2022

    Analysts Caveats and Reporting Guidelines (Part V of V) This fifth and final installment presents valuation analyst caveats and reporting best practices related to the intellectual property valuation. Intellectual Property Valuations: The Relief from Royalty Method (Part I of V) Intellectual Property Valuations: Elements of the Valuation Analysis (Part II of V) Intellectual Property Valuations: Application of the Relief from Royalty Method (Part III of V) Intellectual Property Valuations: Illustrative Example of the Relief from Royalty Method (Part IV of V)   Introduction The first four installments of this five-part discussion summarized the conceptual support for—and the practical application of—the…

  • QuickRead Top Story - Valuation/Appraisal

    Intellectual Property Valuations

    January 12, 2022

    Illustrative Example of the Relief from Royalty Method (Part IV of V) Previous installments of this five-part discussion summarized the development of the market approach and the relief from royalty (RFR) method of intellectual property valuation. This fourth installment presents an illustrative example of the practical application of the RFR method. [su_pullquote align=”right”] Intellectual Property Valuations: The Relief from Royalty Method (Part I of V) Intellectual Property Valuations: Elements of the Valuation Analysis (Part II of V) Intellectual Property Valuations: Application of the Relief from Royalty Method (Part III of V)[/su_pullquote] Introduction Previous installments of this five-part discussion summarized the…

  • QuickRead Top Story - Valuation/Appraisal

    Intellectual Property Valuations

    December 15, 2021

    Elements of the Valuation Analysis (Part II of V) This second article of the five-part series on Intellectual Property Valuations summarizes the typical elements of the intellectual property valuation analysis. This part of the discussion focuses on benchmarking and the use of research databases. [su_pullquote align=”right”]Resources:Intellectual Property Valuations: The Relief from Royalty Method (Part I of V)[/su_pullquote] Introduction This five-part series of discussions introduces the market approach and the relief from royalty (RFR) method of intellectual property valuation. Part one of this discussion introduced the typical types of intellectual property and the generally accepted intellectual property valuation approaches and methods.…

  • Intellectual Property - QuickRead Top Story - Valuation/Appraisal

    Intellectual Property Valuations

    December 8, 2021

    The Relief From Royalty Method (Part I of V) This is the first article of a five-part series that focuses on what valuation analysts and owner/operators need to know about one category of intangible property: intellectual property. There are generally accepted cost approach, market approach, and income approach methods that may be used to value intellectual property. This discussion focuses on the application of the market approach. This discussion focuses on one market approach valuation method: the RFR method. The RFR method is often applied to value an owner/operator’s intellectual property for transaction, taxation, financing, accounting, litigation, and many other…

  • QuickRead Top Story - Valuation/Appraisal

    Cost Approach to Intellectual Property Valuation

    October 13, 2021

    Part I: Conceptual Principles This is a four-part article series. The articles and discussion focus on the conceptual principles and the practical applications of the cost approach in the development of intellectual property valuations. Part I of this discussion focuses on the conceptual principles that support the application of the cost approach to intellectual property valuation. Part II describes the generally accepted cost approach valuation methods. Part III describes the practical measurement procedures related to intellectual property cost metrics and obsolescence metrics. Part IV presents several illustrative examples of the application of the cost approach in hypothetical intellectual property valuation…

  • Litigation Consulting - QuickRead Top Story

    Pay for Delay

    September 16, 2020

    Quantifying the Lost Opportunity of Being First (Generic Entrant) to Market The authors in this article explore the scale of first mover advantage in generic pharmaceuticals and the methods behind quantifying the value of being first generic to market, or the loss when being prevented from doing so. They discuss, how much is it worth to be the first generic entrant to the market? Introduction The recent European Court of Justice (ECJ) ruling that the GSK-Generics UK-Alpharma pay-for-delay arrangement was potentially “by object”-restrictive, confirms the continued regulatory spotlight on treatment of intellectual property and entry in generic pharmaceutical markets.[1] Of…

  • QuickRead Top Story - Valuation/Appraisal

    Book Review

    December 18, 2019

    Best Practices: Thought Leadership in Valuation, Damages, and Transfer Price Analysis This fall, Robert F. Reilly and Robert P. Schweihs published Best Practices: Thought Leadership in Valuation, Damages, and Transfer Price Analysis. The book celebrates the 50th anniversary of Willamette Management Associates and is intended to present thought leadership. The topics selected for inclusion are topics that the authors felt did not already enjoy thought leadership discussion in the current literature. As the authors note: “we were not satisfied with the breadth or depth of the available literature in [many of the topics covered]. We usually concluded: Someone should write…

  • Practice Management - QuickRead Featured

    CPE

    July 19, 2017

    That Lands New Clients We have a large body of knowledge that teaches us how to do the work, but few resources that teach us how to get the work. And even as we acquire the technical skills that enable us to perform better valuations, we need to position ourselves with buyers of our valuation services so that we can land new clients and apply those skills. How (and where) do we learn that? In this article, the author discusses his views on this subject matter.

  • Accounting - QuickRead Featured - QuickRead Top Story

    Licenses of Intellectual Property

    December 21, 2016

    The New Revenue Recognition Standard and Accounting for Licenses Wiley author, Joanne Flood, looks at how the new revenue standard affects reporting of licensing revenue. Copyright Wiley, 2016. To be published in February 2017 in the book: Wiley Revenue Recognition plus Website: Understanding and Implementing the New Standard (Wiley Regulatory Reporting).

  • QuickRead Featured - QuickRead Top Story - Valuation/Appraisal

    Consider Market Approach Intellectual Property Valuation Methods

    January 27, 2016

    IP Valuation—Beyond the Income and Cost Approach Valuation analysts (“analysts”) are often asked to value debtor company intellectual property (IP) within a business bankruptcy context. Some of the bankruptcy reasons to value IP include the assessment of the following: the debtor’s solvency, a secured creditor’s collateral and protection, the fairness of a Section 363 IP asset sale or license, the debtor’s rejection of its IP licenses (and the implications of that rejection on the IP licensees) under Bankruptcy Code Section 365(n), and the reasonableness of a plan of reorganization. Many analysts immediately think of applying income approach or cost approach…

  • Practice Management - QuickPress

    Ways to Ensure Your Firm’s Secrets Remain In-House When Employees Leave

    August 5, 2015

    Today’s competitive market helps to create the attraction and real possibility of employee mobility.  James Pooley, author of Secrets: Managing Information Assets in the Age of Cyberespionage (Verus Press 2015), shares nine insightful tips every employer should consider and put in practice to protect themselves and their companies. Find out more on the RIA Biz article, click: Ways to ensure your firm’s secrets remain in-house when employees leave.

  • Intellectual Property - QuickRead Featured - QuickRead Top Story

    Intellectual Property Valuation for Bankruptcy Purposes

    March 18, 2015

    Part I: Three of the 12 Reasons a Valuation Is Needed in Chapter 7, 9, and 11 This two-part article summarizes the various types of intellectual property that valuation analysts (“analysts”) may encounter within a commercial bankruptcy controversy, lists the generally accepted intellectual property valuation approaches, and presents the reasons why analysts may be asked to value intellectual property within a commercial bankruptcy environment. In Part I, Mr. Reilly identifies three of the 12 reasons why a valuation is needed in a bankruptcy proceeding.

  • QuickPress - Valuation/Appraisal

    Valuation of Customer Relationships

    August 6, 2014

    The valuation of customer relationships can be somewhat of a gray area for valuators. In many cases, the common valuation methodologies don’t apply, and the professional neglects to consider whether the determined value is consistent with a market participant’s perspective. While it’s become routine to assume customer relationships are a primary asset, this is not the case across all industries. In a short, but informative report by Valuation Research Corporation, valuators are encouraged to approach customer relationship valuation from a new perspective and cautioned to not overlook the fact that customers often purchase products because of the presence of intellectual…

  • QuickRead Featured - QuickRead Top Story - Valuation/Appraisal

    Intellectual Property Valuation Principles—Part 2

    July 9, 2014

    Breaking down invisible value Read Part 1 here. This overview is the second half of Robert Reilly’s series that examines the types of intellectual property analyses, different standards of value that may apply in valuation as well as the alternative types of intellectual property ownership interests and the alternative terms of intellectual property ownership interests. Finally, it offers a discussion regarding the factors that the business appraiser may consider in the specific identification of intellectual property.