Calculating damages: Looking forward or looking backwards?
Your client has a loss and there is evidence to prove it. Now you need to determine damages. The assistance of a financial consultant early in a matter can be an important resource for you and your client in deciding how to proceed. Depending on the facts and the claims, damages can be calculated as of the time of the loss (ex ante) or as of the time of trial (ex poste). Perhaps your case is one where a hybrid of both methods may be applied. For an in-depth analysis of the differences between these two approaches to damages, here’s a link to the classic article, Janis Joplin’s Yearbook and The Theory of Damages.
If you have questions about measuring damages or calculating pre- and post-trial interest in any of your cases, Asterion’s professionals can help you determine the appropriate approach.
In the sharing economy, who owns what is shared?
Your client used an online storytelling game to test her idea for a new novel. Parts of the manuscript were written by other players; now she wants to publish “her” book. What does she own and what is it worth? A driver for a ride-sharing platform asks you to represent him in his claim that he, and other drivers like him, are employees, not independent contractors. Is there a certifiable class with quantifiable damages? The developers of a new platform for short-term assignments want your advice. Should they seek venture capital, use a crowd-funding source, or start a worker-owned platform? How would that decision affect the value of their company?
Asterion’s valuation, IP and forensic experts have the experience and perspective to help you keep pace with the financial aspects of complex legal questions emerging on the expanding frontiers of the sharing economy.
On the Lighter Side: Deflategate
Could this have been the X factor that decided the dispute between the NFL and Tom Brady?
| Spotlight on Lost Earnings Claims
Asterion, Inc. (“Asterion”) has experience in the quantification of economic damages sustained by businesses, individuals and families who have suffered lost earnings resulting from tort and contractual claims, including personal injury, wrongful death and wrongful termination. |