When can an expert consider subsequent events?
Abstract: Financial experts often encounter evidence of events that occurred after the valuation or damage date that may have a bearing on their conclusions. This article looks at the extent to which they can consider this evidence when valuing an asset or calculating damages. The article provides a brief summary of the rules concerning ex post facto data, but points out that sometimes courts deviate from these guidelines to achieve an equitable result. A sidebar looks at two types of subsequent events that current accounting principles consider. Okerlund v. U.S., 365 F.3d 1044 (Fed. Cir. 2004)