UPCOMING SPEAKING APPEARANCES & SEMINARS
Measuring Commercial Damages in Business Interruption Lawsuits
Sponsoring Organization: The TASA Group
Location: National Webinar
Date: TBD – 2017
More information: www.tasanet.com
Dr. Patrick Gaughan and Professor Henry Fuentes will be . Dr. Gaughan will outline the proper methods of measuring damages while Professor Fuentes covers the relevant accounting issues that are important to commercial damages analysis. The program utilizes as a text, Dr. Gaughan’s newly released book, Measuring Business Interruption Losses and Other Commercial Damages, John Wiley & Sons, 2nd edition, 2009.
This seminar, based on the first edition of the above text, has been successfully presented numerous times around the country. The revised second edition of this book features new material, including expanded chapters on intellectual property, antitrust and securities related damages, which will be incorporated into the presentation. Computing damages in business interruption lawsuits requires a sound knowledge of fields such as litigation economics, forensic accounting and law. The presenters are well known and highly respected in these fields of expertise.
This program is designed specifically for attorneys and paralegals practicing in the field of business law and commercial litigation. Accountants involved in business valuations and forensic economics will also find this seminar beneficial.
Measuring Lost Profits in Business Interruption Cases
The process of measuring damages in business interruption cases can be complicated, with millions of dollars at stake for claimants and/or plaintiffs, as well as insurance companies and defendantsall of whom must rely on accurate calculations of losses that will hold up in negotiation or litigation.
This program, a must for accountants, insurance adjusters and other insurance professionals, attorneys, and economists, helps you navigate the complexities of this interdisciplinary field. You’ll find overviews of research and practices in subfields of economics, giving you points of reference that you can use in working with a team of professionals. It also applies a much-needed, cohesive framework to the study of forensic economics. Damages resulting from the interruption of a business’s operations and related types of commercial damages will be discussed.
RECENT SPEAKING APPEARANCES & SEMINARS
Measuring & Proving Damages in Commercial Litigation Cases: How Much is My Case Worth?
Sponsoring Organization: Presented in cooperation with the NJSBA Business and Commercial Litigation Special Committee and the NJSBA Senior Lawyers Special Committee
Location: Wilshire Grand, West Orange, NJ
Frederick W. Rose, Esq.
Lindabury McCormick Estabrook & Cooper, PC
John C. (“Jay”) Maloney, Jr., Esq.
Zuber Lawler & Del Duca LLP
Dr. Patrick A. Gaughan
Economatrix Research Associates, Inc.
Professor Henry Fuentes, CPA, MBA, ABV, CFE
Senior Advisor and Director of Litigation Support Services and Business Valuation SAX, LLP
Arla D. Cahill, Esq.
Mandelbaum Salsburg PC
Alashia Chan, Esq.
Nicoll Davis & Spinella, LLP
About This Program:
Understanding how to measure and prove damages in commercial litigation can be a challenge – even for an experienced litigator. However, having an accurate understanding is critical in order to achieve the optimum result for your client.
At this seminar, a panel of experienced litigators will be joined by expert economists to discuss many common types of commercial damages and review the case law relating to this area. The panel will also offer guidance on how to select and effectively use an expert, and what roles economists and accountants should play in measuring and proving commercial damages.
Note: This program will focus largely on lost profits cases, although other types of commercial litigation will be covered.
Mistakes Plaintiff’s Economists Make in Measuring Lost Earnings in Personal Injury Cases
Sponsoring Organizations: Economatrix Research Associates, Inc.
Locations: New Jersey
Dates: 2/24/17, 3/1/17 & 3/10/17 (Note: This is an ongoing CLE seminar series. Please contact us to schedule)
This CLE seminar discusses the key mistakes that are often made by plaintiff’s economists resulting in overstated/exaggerated loss claims. This seminar will outline the proper methodology to identify and rebut the overstated/exaggerated loss claims.
- Projecting Future Losses for Too Long a Time Period
- Failure to Fully Discount Losses
- Selecting an Anomalous Year Upon Which to Base a Lost Earnings Forecast
- Not Fully Exploring Mitigation
- Not Considering Business Fluctuations and Unemployment Contingencies
- Failure to Conduct Industry and Firm-Specific Research
- Failure to Deduct Taxes When the Jurisdiction Requires It
- Incorrectly Factoring in Offsetting Pension Benefits
- Using an Inaccurate Inflation Rate
- Inaccurately Measuring the Value of Fringe Benefits
Lost Profit Damages in Commercial Litigation
Sponsoring Organization: American Law Institute Continuing Legal Education
Location: National Webinar
Date: December 17, 2014
Time: 2:00-3:30 PM Eastern
More information: www.ali-cle.org
The panel of experienced litigators and economic and accounting experts will discuss their respective roles and methodologies in addressing these subjects, as well as offer practical advice regarding how best to select, work with and use damages experts at trial.
Topics of discussion include:
- an overview of the law governing recovery of lost profit damages
- selecting, working with and using experts to prove damages
- the concepts for measurement and projection of lost profits
- the best use of damages experts
- projecting lost revenues
• computing incremental costs associated with incremental lost revenues
• assessing mitigation
• discounting projected future lost profits
Patrick Gaughan, PhD., Economatrix Research Associates Inc., New York
Peter Gutowski, Freehill Hogan & Mahar LLP, New York
John C. Maloney, Jr., Day Pitney LLP, Parsippany, New Jersey
Sam Rosenfarb, Rosenfarb LLC, Roseland, New Jersey
NJDA/ICNJ 2014 Auto Liability Seminar
Sponsoring Organization: NEW JERSEY DEFENSE ASSOCIATION & INSURANCE COUNCIL OF NEW JERSEY
Location: Hilton Woodbridge, 120 Wood Avenue South, Iselin, NJ
More information: http://www.icnj.org
Aggravation Claims: Pleading Requirements
Jury Charge and Vaulting the Verbal Threshold
Defense of Conscious Pain & Suffering Claims
Defending Economic Claims in Personal Injury Cases
Current Issues in Ethics
Michael Disciglio, M.D., F.A.C.P.
Patrick A. Gaughan, Ph.D., Economatrix Research Associates, Inc.
Thaddeus J. Hubert, III, Esq., Hoagland Longo Moran Dunst & Doukas
John V. Mallon, Esq., Chasan, Leyner & Lamparello, PC
W. John Weir, II, Esq., Weir & Associates, LLC
Independent Medical Evaluations: Issues and Solutions
Sponsoring Organization: Exam Works
Location: West Orange, New Jersey
Topics of Discussion:
Wrongful Death/Conscious Pain and Suffering
Presented by Michael J. Disciglio, M.D., Monmouth Medical Group
Understanding Economic Damages in Personal Injury Litigation
Presented by Patrick Gaughan, Ph.D., Economatrix Research Associates, Inc.
Edward M. Decter M.D., Center for Orthopaedics
Measuring Commercial Damages in Business Interruption Lawsuits
Sponsoring Organization: New Jersey Institute for Continuing Legal Education
Location: New Brunswick, New Jersey
The program moderator will be John C. “Jay” Maloney of Day Pitney, LLP. Other speakers will be Arla D. Cahill of Mandelbaum, Salsburg, P.C. and Alashia L. Chan of Day Pitney, LLP. From Economatrix Research Associates, Inc., will be Dr. Patrick Gaughan and Professor Henry Fuentes. Dr. Gaughan will outline the proper methods of measuring damages while Professor Fuentes covers the relevant accounting issues that are important to commercial damages analysis. The program utilizes as a text, Dr. Gaughan’s book, Measuring Business Interruption Losses and Other Commercial Damages, John Wiley & Sons, 2nd edition, 2009. This seminar has been successfully presented numerous times around the country. The revised second edition of this book features new material, including expanded chapters on intellectual property, antitrust and securities related damages, which will be incorporated into the presentation. Computing damages in business interruption lawsuits requires a sound knowledge of fields such as litigation economics, forensic accounting and law. The presenters are well known and highly respected in these fields of expertise.This program is designed specifically for attorneys and paralegals practicing in the field of business law and commercial litigation. Accountants involved in business valuations and forensic economics will also find this seminar beneficial.
The Use of an Economic Expert, Vocational Expert and Life Care Planner in Documenting the Damages in Children & Adult Personal Injury Cases
Sponsoring Organizations: Wilson Elser Moskowitz Edelman & Dicker, LLP, Economatrix Research Associates, Inc. & Occupational Assessment Services, Inc.
Location: New York, New York & National Webinar
Speaker: Patrick A. Gaughan, Ph.D., Edmond Provder, CRC, CLCP, D-ABVE & Paul J. Bottari Esquire
This seminar discussed understanding damages in personal injury litigation and common mistakes made by defense attorneys in evaluation of those damages.
Mergers and Acquisitions
Sponsoring Organization: University of International Business and Economics
Location: Beijing, China
This seminar focused on the current state of the Global Mergers and Acquisition market as well as Merger Strategy
What Defendants Need to be Aware of When Defending Economic Damages Claims in Personal Injury Litigation
Sponsoring Organizations: Rawle & Henderson LLP & Economatrix Research Associates, Inc.
Location: New York, New York
This seminar covered issues such as what defendants need to do to properly prepare the damage sides of their cases. It included document discovery and issues that need to be carefully covered in depositions of fact witnesses – especially the plaintiff. It also explained how some plaintiff’s economists may exaggerate the true economic damages and how defendants can rebut such claims.
Understanding Damages in Personal Injury Litigation
Sponsoring Organizations: Economatrix Research Associates, Inc. & Occupational Assessment Services, Inc.
Locations: Miami, Florida & Ft. Lauderdale, Florida
Dates: 1/22/14 & 1/23/14
Determining the Value of Economic Damages
Evaluating the Employability of a non-catastrophic Plaintiff
Documenting Future Medical Care
Moving Toward Settlement & Preparing the Case for Trial
Measuring Business Interruption Losses and Other Commercial Damages
Sponsored by: National Association of Certified Valuation Analysts
Location: National webinar
Dr. Patrick Gaughan and Professor Fuentes recently conducted two webinars for National Association of Certified Valuation Analysts. These seminars focused on the proper methods to measure loss profits in a business interruption context.
Contact Dr. Gaughan