Title Details

Roman L. Weil, PHD, CMA, CPA, is V. Duane Rath Professor of Accounting at the Graduate School of Business of the University of Chicago. He received his BA in Economics and Mathematics from Yale University in 1962. He received his BA in Economics and Mathematics from Yale University in 1962. He received his MS in Industrial Administration in 1965 and his PHD in Economics in 1966, both from Carnegie-Mellon University. He joined the faculty at the University of Chicago in 1965, where he has held positions in Mathematical Economics, Management and Information Sciences, Accounting, and in the law School. He cofounded and now codirects the Chicago/Stanford/Wharton Directors' Consortium, which trains corporate board member to do their jobs better; his own specialty in that training focuses on financial literacy of audit committees. He has been a CPA in Illinois since 1973 and a CMA since 1974. He has served on the faculties of the Georgia University in its Graduate School of Business, Economics Department, and Law School. At Stanford, he has, since its inception, organized the sessions at Directors' College on Audit Committee duties. He has served on the Board of Academic Advisors of the U.S. Business School in Prague and has taught there. He has served on the accrediting committee of the American Association of Collegiate Schools of Business.
He has served as editor or associate editor of The Accounting Review, Communications of the Association for Computing Machinery, Management Science, Journal of Accounting and Economics, and the Financial Analysts Journal.
He has coedited four professional reference books for McGraw-Hill, Simon & Schuster, Prentice Hall, and John Wiley & Sons. He has coauthored a dozen text-books for Holt, Rinehart and Winston, The Dryden Press, Harcourt Brace Jovanovich, and Thomson-Southwestern. His articles have appeared in Barron's and the Wall Street Journal. He has published over 80 articles in academic and professional journals. He has served as the principal investigator on various research projects of the National Science Foundation.
He served on the Securities and Exchange Commission Advisory Committee on Replacement Cost Accounting. At the Financial Accounting Standards Board, he has served on two task forces-one on consolidations and the other on interest methods-and on the Financial Accounting Standards Advisory Council. He is a founding member of the Independent Directors' Council of the Investment Company Institute. He is a member of the American Accounting Association, the American Economics Association, the American Institute of Certified Public Accountants (AICPA), the American Law and Economics Association, the American Economics Association, the American Institute of Certified Public Accountants (AICPA), the American Law and Economics Association, the Illinois Society of Certified Public Accountants, and the Institute of Management Sciences.
Mr. Weil has consulted to governmental agencies, including the U.S. Treasury Department and the Securities and Exchange Commission. He has testified as expert witness or consultant in a variety of litigation matters involving accounting principles, business valuation, damages estimation, regulatory issues, and taxes.

Peter B. Frank recently retired as executive vice president of Daymon Worldwide Inc., in Stamford Connecticut, which he joined after retiring from PricewaterhouseCoopers LLP, PwC. As a partner in PwC, he served as a member of global leadership and as its Global Risk Management Partner. Prior to the Merger with Coopers & Lybrand, Mr. Frank was a Vice Chairman of Price Waterhouse. Mr. Frank spent the bulk of his professional career leading the Price Waterhouse dispute analysis, bankruptcy, and business turnaround practice. He served on that firm' Policy Board (Board of Directors) and its Management Committee. For more than 30 years, Mr. Frank acted as a management consultant and expert witness for litigation, government, and industrial clients.
Mr. Frank is a retired Certified Public Accountant. he chaired the AICPA Subcommittee on Litigation Services (1990-1994) and served on the Management Advisory Services (MAS) Executive Committee (1989-1994) and the Professional Ethics Executive Committee (1995-1996) of the AICPA.
Mr.Frank's consulting expertise has been applied to engagement involving analyses of economic, liability, and the damages issues in connection with expert testimony. He was consultant to the Christopher Commission's study of the Los Angeles Police Department and the Alleged Excessive use of force and also acted as special consultant for the Los Angeles Police Commission study (the Webster Commission), organized to assess the city agencies' response following the riots in Los Angeles.
Mr. Frank received his BS in Economics from the University of Pennsylvania. He obtained his MS in Accounting from the Wharton School of the University of Pennsylvania., graduating at the top of his class in both programs.
Mr. Frank has coauthored, in addition to this text, Bernacchi on Computer Law: A Gide to the Legal and Management Aspects of Computer technology (Little, Brown, 1986; Annual Suppl. 1989-1999) and AICPA Consulting Services Practice Aid 93-4: Providing Litigation Services (with Michael J. Wagner), 1993. He is a contributing author to the American Bar Association publication Punitive Damages and Business Torts: A Practitioner's Handbook (1998) and Financial Valuation: Businesses and Business Interests, edited by James H. Zukin (Maxwell Macmillan, 1990).

Christian W. Hughes, CPA, CMA, CFA, CFE, is a partner in PricewaterhouseCoopers LLP in its Boston office. As Northeast Regional Advisory leader, he is responsible for eh operations of the firm's consulting practices in New England and upstate New York. He is an elected member of the firm's U.S. Board of Partne3rs and Principals and sits on three of its committees, including the Human Resources Committee, which he chairs. he has previously held responsibility for the firm's Dispute Analysis and Investigations practice on the U.S. East Coast.
Mr. Hughes has been associated with PricewaterhouseCoopers 9including one of its predecessors, Coopers & Lybrand) since 1989, becoming a partner in 1992. From that time through the present, he has practiced in the areas of dispute analysis, expert testimony, fraud investigation, merger and acquisitions, bankruptcy, and insurance claims,, as well as providing consulting assistance to the firm's audit practice. He has testified in state and federal courts, before arbitration panels, and in public oversight and regulatory matters on approximately 30 occasions and at deposition or by expert report in another 30. He has additionally participaters involving reporting fraud, investor deception, employee misconduct, and similar matters.
He has also acted in support of disputants or as neutral arbitrator in a large number of postmerger purchase price adjustment disputes and assisted in the preparation, analysis and settlement of over two billion dollars worth of property and business interruption insurance claims across a diverse range of industries and event types.
Mr. Hughes earned a BSB in accounting at Babson College. He is a member of numerous professional organizations.

Michael J. Wagner earned his undergraduate degree in engineering from the University of Santa Clara in 1969, his MBA from the University of California at Los Angeles in 1971, and his JD from Loyola University at Los Angeles in 1975. He is a licensed attorney and CPA in the sate of California.
A senior advisor at CRA International in their Palo Alto office, Mr. Wagner is the author of over 25 other publications dealing with the litigation services field. He has participated as an expert or consultant in more than 400 litigations and has testified over 97 times in court and over 229 times in deposition. His primary areas businesses. He has also testified a number of times on the subject of alter ego.
Mr. Wagner has testified 27 times in alternative dispute resolution forums and has acted as an arbitrator in a number of commercial arbitrations based on his extensive business consulting experience and his legal training. He was an arbitrator for the American Arbitration Association. He has served on the Litigation Services Committee, the Litigation Services Conferences Steering Committee, the MAS Practice Standards Committee, and the Business Valuation Standards Task Force for the AICPA. He is also a member of numerous professional organization.
Mr. Wagner is married to Jolon Wagner and has four adult children. He lives in Los Altos Hills, California.

Preface vii

About the Editors ix

About the Contributors xiii

PART I: THE LITIGATION ENVIRONMENT

1. The Role of the Financial Expert in Litigation Services 1.1
Peter B. Frank
Christian W. Hughes
Michael J. Wagner
Roman L. Weil

2. Causation Issues in Expert Testimony 2.1
Lawrence F. Ranallo
Diana L. Weiss

3. The Economics in Accounting for Litigation 3.1
Elizabeth A. Evans

4. Alternative Dispute Resolution 4.1
Patricia D. Tilton

PART II: DAMAGES TECHNIQUES

5. Statistical Estimation of Incremental Cost from Accounting Data 5.1
Michael W. Maher
M. Laurentius Marais
William E. Wecker
Roman L. Weil

6. Econometric Analysis 6.1
Mohan P. Rao
Christian D. Tregillis

7. Estimating the Cost of Capital 7.1
Gaurav Jetley
R. Jeffrey Malinak
Laura B. Stamm

8. Ex Ante versus Ex Post Damages Calculations 8.1
Michael J. Wagner
Michael K. Dunbar
Roman L. Weil

9. Prejudgment Interest 9.1
Michael S. Knoll
Jeffrey M. Colón

10. The Flaw of Averages in Law and Accounting 10.1
Sam L. Savage
Marc Van Allen

11. Valuing Losses in New Businesses 11.1
Mark A. Allen
Victoria A. Lazear

12. Business Interruption Insurance Claims 12.1
Joe Anastasi

13. Business Valuation 13.1
Michael A. Crain

Chapter 13 Appendix: Adjusted Present Value (APV) Method
Bonnie J. Goldsmith
Greg Hallman

14. Lost Earnings of Persons 14.1
Randi L. Firus
Keith R. Ugone

15. Punitive Damages 15.1
Peter A. Bicks
Martha N. Corbett
Glenn K. Jones
Gregory N. Phelps

16. Tax Treatment of Damages Awards 16.1
Merle Erickson
James K. Smith

PART III: LITIGATION TOOLS

17. Data Management 17.1
David B. Burg
Dyan A. Decker
John C. Moorman

PART IV: CIVIL LITIGATION

Securities and Accountant Liability

18. Federal Securities Acts and Areas of Expert Analysis 18.1
Nicholas I. Crew
Kevin L. Gold
Marnie A. Moore

19. Accountant Liability 19.1
Christopher D. Barbee
Michael R. Young

Intellectual Property

20. Economic Analysis of Nonpatent Intellectual Property Rights and Damages Measures 20.1
Elizabeth A. Evans
Peter P. Simon

21. Intellectual Property Damages in the Entertainment Industry 21.1
Deborah K. Bothun
Ronald B. Cushey
Bronwyn Dylla
Robert S. Knudsen

22. Patent Infringement Damages 22.1
Peter B. Frank
Vincent E. O'Brien
Michael J. Wagner

23. License Compliance: Performing Royalty Examinations 23.1
Mark W. Haller
David L. Marston
Vincent Torres

Antitrust/ Business Combination

24. Antitrust 24.1
Stephen H. Kalos

25. Disputes in Merger & Acquisition Transactions 25.1
Mark W. Haller
Kevin D. Kreb
Leigh Walton

Construction and Real Property Disputes

26. Construction Claims 26.1
Stephen P. Lechner
Bilge Astarlioglu

27. Quantifying Damages in Real Estate Litigation 27.1
Thomas E. Kabat
Frank A. Voorvaart

Other Civil Litigation

28. The Troubled Business and Bankruptcy 28.1
Grant W. Newton
Gil A. Miller

29. Alter Ego 29.1
Michael J. Wagner
Bonnie J. Goldsmith

30. Employment Litigation 30.1
Ali Saad

31. Federal Contract Disputes 31.1
James W. Thomas

PART V: FAMILY LAW

32. Valuation and Division of Marital Property 32.1
Donald A. Glenn

33. Child and Spousal Support Awards 33.1
John D. Zante

34. Marital Dissolution: Professional Goodwill and Related Intangibles 34.1
Donald L. Gursey
Donald John Miod

35. Marital Dissolution: Tracing and Apportionment of Assets 35.1
Donald L. Gursey
Donald A. Glenn

36. Marital Dissolution: Tax Considerations 36.1
Donald L. Gursey
Roseanna L. Purzycki
Brandi N. Brethour

PART VI: CRIMINAL CASES

37. Tax Fraud 37.1
Edward M. Robbins, Jr.

PART VII: INVESTIGATIONS

38. Financial Statement Investigation 38.1
Steven L. Skalak
Charles R. Hacker, Jr.
Daniel V. Dooley

39. International Investigations 39.1
Frederic R. Miller

Glossary

Index