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On March 27, the House approved by voice vote the $2.2 trillion bipartisan Coronavirus Aid, Relief, and Economic Security (CARES) Act, sending the measure to the President’s desk for his signature. A quorum of members was present, but a roll call vote was not required. The CARES Act, the third congressional bill to address the…

We are closely monitoring the COVID-19 situation, as the safety of our employees and their families, our clients, and our community in which we live and work are a top priority.  We continue to develop, update and share guidance with our employees so they are fully informed on how to protect themselves, their families and…

As a courtesy to our clients and friends, we offer Continuing Legal Education for law firms and attorney groups.  The following CLE courses have been approved by the Georgia Bar Association for CLE credit:  Accounting for Lawyers – This one-hour course is appropriate for attorneys with all levels of experience. We always hear that this…

We were recently hired by the defendant in a Southern District of New York breach of contract dispute to review and rebut the economic damages report of the plaintiffs’ expert in a multi-million dollar action alleging damages as a result of a common law breach of contract. The facts in the case were largely undisputed.…

In this marital dissolution case, we testified at trial that future pension benefits must be divided upon receipt of the benefits rather than based upon an actuarial valuation of them at trial. Background:  Plaintiff, a civil servant and not yet of retirement age, participated in two defined benefit pension plans both before and during the…

After two years of litigation and a full week of trial, we successfully testified to the economic damages sustained by the defendant owners of a Savannah, Georgia Volvo car dealership resulting in an award to them of $1,600,000 in economic damages plus punitive damages and attorney fees, rather than the over $5 million sought by…

Change of Ownership – SOP 50 10 5(K), Chapter 4 discusses changes in ownership. A change of ownership often involves key employees exiting the business and possibly the creation of intangible assets. As a loan officer, you must have a clear understanding of what portion of the seller’s Goodwill is transferable to the buyer and…

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.…

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…

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…