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The Landis v. Tailwind Sports Corp. 234 F.Supp.3rd 180, 186-90 i.e. USPS v. Lance Armstrong. This case, in addition to being interesting, illustrates how complex damage computations can become. There are at least three questions which should always be asked when reviewing your own or the opposition’s expert opinions relating to speculation, methodology and expert qualifications.…
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Theranos, Elizabeth Holmes and Benford’s Law. Most people have never heard of Benford’s Law but are well aware of the massive corporate fraud at Theranos and Ms. Holmes (see the movie Bad Blood).  The question is – could Benford’s Law have been used to detect the Theranos fabricated blood test results early on and saved…
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For many years, damages from lost profits claims that were attributed to newly formed businesses were simply not allowed under the pretense that new or unestablished business could not recover lost profits. Recently, however, courts have begun to apply different standards for new businesses that open the door for such recoveries.  As commented by Robert…
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A civil suit arising out of the “deliberated” killing of a well-respected American war correspondent once again illustrates that damages from lost future income continues to play a critical role in damages litigation. Marie Colvin was an acclaimed American war journalist who worked for over 25 years for the British paper, The Sunday Times. In February 2012,…
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Oh no!  We’ve been hit by a financial fraud!  Yep, your client is in panic mode and wants to call the sheriff, notify the GBI, notify the insurance company, fire the fraudster, etc.  As their attorney, you should be prepared for this call and immediately advise your client on the right course of action, regardless…
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We recently received an e-mail form an attorney who noticed the opposing plaintiff’s expert failed to include a specific company risk rate in his build up method used for valuing a privately held company. This greatly increased the amount of the Plaintiff’s claimed damages. The opposing expert supported his position by a reference to a…
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No matter the size of your business, employee fraud can lead to major financial losses that are difficult to recover. According to the Association of Certified Fraud Examiners (AFCE), small businesses with less than 100 employees lose an average of $200,000 per scheme. It’s critical to make sure your business is protected against fraud. Follow…
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Many businesses subscribe to the philosophy: “If it’s not broken, don’t fix it.” But that way of thinking doesn’t apply when it comes to your business’ accounting technology. It’s important to keep your accounting software updated in order to keep up with the fast pace of today’s business world. Well-implemented and updated accounting software not…
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