Marcus v. Quattrocchi, 2014 U.S. Dist. LEXIS 19041 (Feb. 4, 2014) In an estate and trust case featuring a major real estate family, the plaintiff beneficiaries retained two experts to prove damages resulting from the alleged improper depletion of trust assets by way of an investment company in which the defendants had a stake. In [...]
At the recent ASA workshop in San Francisco for expert witnesses, James J. Mangraviti (SEAK Inc.) gave this piece of advice: “Stay in your sandbox.” Repeatedly, he cautioned participants in his two-day workshop, “How to Be a Successful and Effective Expert Witness,” not to testify outside their true area of expertise because the proposed testimony [...]
Alexander v. Alexander, 2013 Mich. App. LEXIS 1490 (Sept. 10, 2013) (slip op.) It is no mystery that financial experts rely on the Ibbotson SBBI Valuation Yearbook for their valuations, but what makes a recent divorce case intriguing is how two experts used the same authority to argue for a vastly different equity risk premium [...]
Proceed with caution when valuing a business arrangement or transaction between a healthcare entity and physicians. If the valuation includes a consideration of anticipated referrals, the hospital or healthcare system making payments under the arrangement could face huge penalties for making illegal kickbacks to physicians. A recent jury award illustrates this trouble spot. Devastating penalty: [...]
