Bellwether Porn Trial Ends; Producer Wins Damages

In the first BitTorrent copyright infringement case over pornographic videos to go to trial in the country, a federal judge has ruled in favor of the producers, finding damages of $112,500 related to one defendant.

Economic Damages and Using Experts: Recap from TLI Litigation Summit, Part I

At The Legal Intelligencer's first Litigation Summit in Philadelphia, a panel on working with economic damages experts included advice on what attorneys should look for in selecting the right expert witness and tips on how attorneys and experts can work together more effectively through discovery, preparation of expert reports and trial.

Damages: Recap from TLI Litigation Summit, Part V

The damages portion of The Legal Intelligencer's first Litigation Summit in September was presented by Frank D. Tinari, the principal economist of the Tinari Economics Group, along with Kristin Kucsma from the same organization, Jane A. North, a partner with Deasey, Mahoney, Valentini & North, and Lawrence R. Cohan, a shareholder with Anapol Schwartz.

The Impact of Different Conventions for Projecting Future Damages, Part I

When calculating damages for future periods ? such as for lost profits, loss of income in wrongful death cases, etc. ? experts are often charged with expressing an opinion as to what would happen in the future but for the wrongful act. These projections typically rely upon either industry trends or on the historical operating results of the injured party. Four of the most commonly used projection conventions when relying upon the operating results of the injured party are: the mean, the median, exponential smoothing and regression analysis. This blog post will define each of these conventions and discuss the pros and cons of each.

The Impact of Different Conventions for Projecting Future Damages, Part I

When calculating damages for future periods ? such as for lost profits, loss of income in wrongful death cases, etc. ? experts are often charged with expressing an opinion as to what would happen in the future but for the wrongful act. These projections typically rely upon either industry trends or on the historical operating results of the injured party. Four of the most commonly used projection conventions when relying upon the operating results of the injured party are: the mean, the median, exponential smoothing and regression analysis. This blog post will define each of these conventions and discuss the pros and cons of each.

The Impact of Different Conventions for Projecting Future Damages, Part II

The valuation of damages is designed to put the harmed party back into the same economic position that would have existed if the harm had not occurred. The most difficult part of that equation is to project the economic conditions one would have expected without the harm. An analysis of historical results is often used to assist in making that forecast. In my last blog post, I discussed the pros and cons of four of the most commonly used methods to analyze a series of events, namely the mean, the median, exponential smoothing and regression analysis. This post will present two examples and show how each method impacts the damages calculation under each.

The Impact of Different Conventions for Projecting Future Damages, Part I

When calculating damages for future periods ? such as for lost profits, loss of income in wrongful death cases, etc. ? experts are often charged with expressing an opinion as to what would happen in the future but for the wrongful act. These projections typically rely upon either industry trends or on the historical operating results of the injured party. Four of the most commonly used projection conventions when relying upon the operating results of the injured party are: the mean, the median, exponential smoothing and regression analysis. This blog post will define each of these conventions and discuss the pros and cons of each.

The Impact of Different Conventions for Projecting Future Damages, Part I

When calculating damages for future periods ? such as for lost profits, loss of income in wrongful death cases, etc. ? experts are often charged with expressing an opinion as to what would happen in the future but for the wrongful act. These projections typically rely upon either industry trends or on the historical operating results of the injured party. Four of the most commonly used projection conventions when relying upon the operating results of the injured party are: the mean, the median, exponential smoothing and regression analysis. This blog post will define each of these conventions and discuss the pros and cons of each.

The Impact of Different Conventions for Projecting Future Damages, Part I

When calculating damages for future periods ? such as for lost profits, loss of income in wrongful death cases, etc. ? experts are often charged with expressing an opinion as to what would happen in the future but for the wrongful act. These projections typically rely upon either industry trends or on the historical operating results of the injured party. Four of the most commonly used projection conventions when relying upon the operating results of the injured party are: the mean, the median, exponential smoothing and regression analysis. This blog post will define each of these conventions and discuss the pros and cons of each.

The Impact of Different Conventions for Projecting Future Damages, Part I

When calculating damages for future periods ? such as for lost profits, loss of income in wrongful death cases, etc. ? experts are often charged with expressing an opinion as to what would happen in the future but for the wrongful act. These projections typically rely upon either industry trends or on the historical operating results of the injured party. Four of the most commonly used projection conventions when relying upon the operating results of the injured party are: the mean, the median, exponential smoothing and regression analysis. This blog post will define each of these conventions and discuss the pros and cons of each.