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Measuring Business Interruption Losses and Other Commercial Damages An Economic Approach.

Detalles Bibliográficos
Clasificación:Libro Electrónico
Autor principal: Gaughan, Patrick A.
Formato: Electrónico eBook
Idioma:Inglés
Publicado: Newark : John Wiley & Sons, Incorporated, 2020.
Edición:3rd ed.
Temas:
Acceso en línea:Texto completo
Tabla de Contenidos:
  • Cover
  • Title Page
  • Copyright Page
  • Contents
  • CHAPTER 1 Introduction
  • Development of the Field of Litigation Economics
  • Development of the Field of Forensic Accounting
  • Qualifications of an Economic Expert
  • Overview of the U.S. Court System
  • Example of How Courts Weigh and Compare Credentials of Experts
  • Qualifications of an Accounting Expert on Damages
  • Interdisciplinary Nature of Commercial Damages Analysis
  • Relative Strengths of Economists versus Accountants
  • Difference Between Disciplines of Economics and Finance
  • Finding a Damages Expert
  • Critically Reviewing a Potential Expert's Curriculum Vitae
  • Degrees
  • Published Books
  • Refereed or Peer-Reviewed Journal Articles
  • Presentations
  • Concluding Comments on CV Content
  • Credentials Versus Experience in Litigation Analysis
  • Getting the Damages Expert on Board Early Enough
  • Courts' Position on Experts on Economic Damages
  • Using Management as Experts
  • Using an Expert as a Consultant
  • Federal Rules of Evidence and Experts
  • Standards for Admissibility of Expert Testimony
  • Applicability of Daubert to Economic Damages Testimony
  • Accountants as Damages Experts Under Daubert
  • Exclusion of Experts
  • Trends in Daubert Challenges to Financial Experts
  • Reliability
  • Types of Cases Giving Rise to Most Challenges
  • Types of Experts Having Higher Exclusion Rates
  • Expert Reports
  • Level of Detail in Expert Reports
  • Excluding Experts Due to Insufficient Disclosure in Expert Reports
  • Attorneys Writing the Expert's Report
  • Draft Reports and Related Communications
  • Testifying Outside the Bounds of the Expert Report
  • Supplementary Reports
  • Demonstrative Exhibits
  • Net Opinions
  • Expert Testifying Outside of Expertise: Opining on Issues in Economics Without True Expertise
  • Expert's Knowledge of Relevant Facts
  • Court-Appointed Experts
  • Defense Expert as a Testifying Expert, Not Just a Consultant
  • Discovery of Nontestifying Experts
  • Quantitative Research Evidence on the Benefits of Calling a Defense Expert
  • Treatment of the Relevant Case Law
  • Legal Damage Principles
  • Proximate Causation and Reasonable Certainty
  • Occurrence of Versus the Amount of Damages
  • Reasonable Basis for the Damages Calculation
  • Foreseeability
  • Collateral Transactions
  • Contract-Related Damages
  • Contractually Related Liability Limitations
  • Breach of Covenant of Good Faith and Fair Dealing and Breach of Termination Clauses
  • Warranty-Related Damages
  • Other Types of Damages Cases
  • Distributor, Manufacturer's Representative, and Franchisee Relationships
  • Contracts to Provide Services
  • Construction-Related Contract Cases
  • Noncompete Agreement Cases
  • Lost Profits Arising from Personal Injury
  • Personal Injury and Corporate Damages Due to Loss of "Key Man"
  • Damages Resulting from Other Business Torts
  • Summary
  • References