Hello
Welcome to the second issue of Valuation and Litigation Insights. Our mission is to provide interesting and useful content designed to help litigators and advisors help their clients make informed decisions and achieve favorable results.
If you saw the last issue, welcome back. If you are new, welcome aboard!
In this edition of the newsletter, we identify recent trends of interest, tools to enhance your practice, and information to use when working on a case involving business valuation or damage assessment.
News and Trends
Big Win for Business Interruption Policyholders as Courts Start Issuing COVID-19 Decisions
An August ruling by the Western District of Missouri represented a major victory for business interruption policyholders attempting to claim COVID damages. This decision rejected insurers' traditional argument that there must be tangible or structural damage to property to satisfy the physical loss or damage requirement in a business interruption policy. Instead, and emphasizing damage over physical loss, the District stated that simply demonstrating that the virus had a physical presence that caused a negative business impact would be sufficient to invoke coverage. This decision has significant implications for interruption claims going forward. Read more in this ABA summary.
Life Time Fitness Sues Zurich Over "Measly" Virus Coverage
In another matter that may make insurers nervous, fitness giant Life Time Inc. is suing its insurer Zurich for more than $200 million in alleged losses from numerous gym closures mandated by states in the wake of the coronavirus pandemic. See more in this article from Bloomberg Law.
Things to Know
Practical Advice on Rebutting and/or Defending a Valuation Report | QuickRead | News for the Financial Consulting ProfessionalQuickRead | News for the Financial Consulting Professional
A business valuation report sits on your desk -- to either attack or defend. What should you consider? This article by Michael Vitti of Duff & Phelps cuts through the jargon to provide some practical tips.
Is the Value of a Firm the Upper Limit of Future Lost Profits in Business Litigation?
Can a loss of profits actually exceed lost business value? Answer: it depends. This classic article by economist Jim Plummer provides an interesting comparison of the two damage calculations, and how differences in key assumptions ("wedges") can cause unexpected results.
Tools and Tips
Project Management Tools for Attorneys - Attorney at Work
The current uncertain situation has resulted in changes in work environments that can compromise productivity. At the same time, these disruptions provide the opportunity to reassess how to get things done more effectively. This article describes five apps that can help a litigation practice better manage case workflows.
COVID-19 Trackers Showcase Law Firm Expertise - Esquire Deposition Solutions | Esquire Deposition Solutions, LLC - JDSupra
In last month's issue, we identified a COVID-19 tracker of potential use to litigators. This article identifies no less than 12 COVID-19 litigation trackers covering a wide variety of specialties ranging from insurance to employment to civil rights. If you are looking to gauge pandemic-related activity within your litigation niche, this is a great place to start.
In Closing
That's it for now. If you found this issue of Valuation and Litigation Insights useful, please forward to a friend or colleague.
Talk to you soon!
Will Thomsen
Director of Valuation and Litigation Services
Grobstein Teeple, LLP
Connect with me on Linkedin
Call me at 818-502-4950
Email me at wthomsen@gtllp.com