MBAF is pleased to present the January/February 2018 issue of Litigation & Valuation Report. Here’s a brief glance at what you’ll find in the January/February issue…

How to Protect Expert Testimony from Daubert Challenges

It’s been 25 years since the U.S. Supreme Court decided Daubert. The case officially made federal district court judges the “gatekeepers” of expert evidence. This article summarizes Daubert and other relevant case law on the admissibility of expert witness testimony and explains the steps attorneys can take to help ensure that their experts will withstand Daubert challenges.

Daubert v. Merrell Dow Pharmaceuticals, Inc., 113 U.S. 2786 (1993)
General Electric Co. v. Joiner,
522 U.S. 136 (1997)
Kumho Tire Co. v. Carmichael,
526 U.S. 137 (1999)
Washington v. Kellwood Co.,
105 F. Supp. 3d 293, S.D.N.Y. (2015)



Quantifying Lost Profits for Business Interruption Claims

Business interruption insurance can provide much-needed cash flow when a hurricane, flood, fire or other disaster strikes. This article explains how an outside financial expert can help during the claims process, allowing the owner of the damaged business to focus on recovery efforts.



Taxes Matter
Plan Ahead to Minimize Tax Liabilities in Damages Litigation

Payment of a damages judgment or settlement almost always has tax consequences for plaintiffs and defendants. The appropriate tax treatment typically depends on the nature of the underlying claim or claims. This article provides an overview of the tax issues that may arise in damages litigation, along with some possible ways to improve tax results throughout the litigation process.



Slutsky v. Slutsky
Experts Battle Over Value of Law Firm in New Jersey Divorce

The appropriate treatment of goodwill in divorce cases varies from state to state, requiring experts to consult with legal counsel. The value of goodwill is subject to equitable distribution in New Jersey, similar to the treatment of goodwill in several other jurisdictions. This article summarizes a recent New Jersey court of appeals case that serves as a primer for valuing a partnership interest in a law firm, including the goodwill component. It explains why the appellate court reversed and remanded this case to the trial court.

Slutsky v. Slutsky, N.J. Sup. Ct., App. Div., Nos. A-5829-13T1, A-2813-14T1, Aug. 8, 2017