Measuring Business Interruption Losses and Other Commercial Damages An Economic Approach.
Clasificación: | Libro Electrónico |
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Autor principal: | |
Formato: | Electrónico eBook |
Idioma: | Inglés |
Publicado: |
Newark :
John Wiley & Sons, Incorporated,
2020.
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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