Program: Business & Intellectual Property Damages
Program Sponsor: The Financial Forensics Institute
Focus:
The Business and Intellectual Property Damages Workshop is an intensive five-day program focusing upon the legal foundations, methodology, best practices, and current trends in business damages and infringement of patents, trademarks, copyrights, and other intellectual property. Through case analysis, participants will have the opportunity to identify and apply the most appropriate methodology in analysis and formulation of damages opinions from the perspectives of both plaintiff and defendant. Participants will learn how to build their damages analysis in a manner that will withstand the most rigorous challenges.
Details:
What You Will Learn
This information-packed workshop will address the legal theories, code sections, and case law governing intellectual property damages, how to apply quantitative methodologies in the measurement of business economic and intellectual damages, and the peculiarities of patent, trademark, copyright, and trade secret damages. Also covered will be how lost profits and loss of business value relate, as well as how to build a damages study that will withstand Daubert and other motions in limine.
Daily Schedule Days 1 & 2
Days 1 and 2—Advanced Concepts in Business Damages
• Advanced qualitative and quantitative concepts in the development of damages models
• Sources of published information on damages modeling
• Reconciliation of lost business value with loss of income stream
• Incorporation of risk into revenue and profit projections
• Development of capitalization and discount rates applicable to lost profits measurement
• Responding to increased scrutiny of applied methodologies
• Case study applying advanced damages concepts
Daily Schedule Day 3
Day 3—Statistical Analysis, Economic Theory, and Modeling
• Statistical techniques applicable to economic damages analyses
• Probability theory and regression analysis
• Application of microeconomic and macroeconomic concepts to damages models
• Evaluating the reliability of published economic and industry statistics
• Case study
Daily Schedule Days 4 & 5
Days 4 and 5—Infringement of Intellectual Property Rights: Damages and Lost Profits
• Overview of IP law—legal foundations of intellectual property
• Concepts of infringement and damages
• Copyright, trademarks, trade secrets
• Application of Panduit and Georgia Pacific factors
• Loss of profits disgorgement
• Case study—calculation of lost profits from patent infringement
• Case study—calculation of reasonable royalty
Development & Instruction Team
(TBA)
Who Should Attend
Financial professionals, candidates for the Certified Forensic Financial Analyst (CFFA) designation, damages experts, CPAs, and valuation experts.
NASBA Sponsorship
IBA and NACVA are registered with the National Association of State Boards of Accountancy (NASBA), as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be addressed to the National Registry of CPE Sponsors, 150 Fourth Avenue North, Suite 700, Nashville, TN 37219-2417. Web site: http://www.nasba.org.
