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Compare and contrast – Using the yardstick method to estimate a start-up’s damages

$225.00

SKU: ADVso161. Category: .

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Abstract: The yardstick method, which bases economic damages on the performance of comparable “guideline” companies, is a tried-and-true approach for estimating damages, but it has its limits. This article discusses a recent case where a federal district court did allow expert testimony that calculated damages for a start-up company based on comparisons with its market’s leader. Nevertheless, as a sidebar explains, the court cited a different case as “a worthy illustration of allowing a questionable yardstick analysis” to be presented to the court. Washington v. Kellwood Co., 105 F.Supp.3d 293 (S.D.N.Y. 2015) Celebrity Cruises Inc. v. Essef Corp., 478 F.Supp.2d 440 (2007)

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