Evaluating the Robustness of “Market Determined” Rates in Litigation Settings

November 15, 2016
by Allen Jacque, CFA, CFE

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Allen Jacque Allen Jacque, CFA, CFE
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Individuals serving as financial experts in the legal field (e.g., financial damages) may utilize rates that are presumed to be “market determined.” Such use is frequently embodied in the formulation of a “should have been” scenario, which when compared to an actual outcome yields a difference. Pending adjustments, this difference provides the basis for a calculation of financial damages.

Royalty rates are a good example of rates that are utilized in disputes involving intellectual property. 

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