Monthly Archive: December 2012

Dec 30

California Appellate Court criticizes expert witness exclusion in eminent domain case

Valuation in an eminent domain case is necessarily accomplished through experts. In County Of Glenn vs. Patrick Foley (California Third Appellate District, case no. C068750, November 26, 2012), the Trial Court was reversed with directions. The trial court had excluded the property owner’s valuation expert, thus effectively eviscerating the property owner’s case. The subject property …

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Permanent link to this article: http://betweenthenumbers.net/2012/12/california-appellate-court-criticizes-expert-witness-exclusion-in-eminent-domain-case/

Dec 29

DOE’s dishwasher regulation should not have used payback analysis

In October 2012, the Department of Energy (DOE) published its final rule establishing both a maximum per-year energy consumption standard and a per-cycle water use standard. The new rule requires all “standard” residential dishwashers sold in the United States after May, 2013 to use (i) fewer than 307 kilowatt hours of energy per year and …

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Permanent link to this article: http://betweenthenumbers.net/2012/12/does-dishwasher-regulation-should-not-have-used-payback-analysis/

Dec 28

Huge Patent Infringement Damage sets the stage for further Federal Circuit Guidance on Reasonable Royalties

In Carnegie Mellon University vs. Marvell Technology Group (Western District of Pennsylvania, Case no. 09-290), the jury awarded $1.17 billion in reasonable royalty damages. This is one of the largest patent infringement damage awards ever. Marvel indicated it will appeal. Recently, large damage awards have not fared well on appeal, thus generating a number of …

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Permanent link to this article: http://betweenthenumbers.net/2012/12/huge-patent-infringement-damage-sets-the-stage-for-further-federal-circuit-guidance-on-reasonable-royalties/

Dec 27

Another example of a plaintiff waiting too long before addressing damages

A Northern District of California case (Brandywine Communications Technologies, LLC, vs. Cisco Systems, Inc., Case C 12-01669 WHA), provides an analysis of the damage disclosure requirements that a plaintiff has in a patent infringement case.  It applies equally to any commercial dispute. The Court started with the damage disclosures under FRCP 26(a)(1)(A)(iii), which states:  A …

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Permanent link to this article: http://betweenthenumbers.net/2012/12/another-example-of-a-plaintiff-waiting-too-long-before-addressing-damages/

Dec 26

The AICPA’s Insights into the Federal Government’s Finances

The American Institute of CPAs (AICPA) issued an outstanding and understandable video that should be seen by every American. It is highly relevant to our country’s future, and certainly worth the ten minutes needed for viewing. The International Monetary Fund has similarly addressed this topic, and concluded that the U.S. is broke.  In a different …

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Permanent link to this article: http://betweenthenumbers.net/2012/12/the-aicpas-insights-into-the-federal-governments-finances/

Dec 24

IRS announces a more liberalized independent contractor amnesty program

Approximately a year ago, the IRS provided an amnesty program for employers who did not correctly report their workers as employees, but instead treated them as independent contractors. An article that describes the prior amnesty program, and the rules for independent contractor vs. employee classification appears here. IRS Announcement 2012-45 makes the following changes to …

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Permanent link to this article: http://betweenthenumbers.net/2012/12/irs-announces-a-more-liberalized-independent-contractor-amnesty-program/

Dec 23

Credit Agency Reform should be a Congressional Priority

My post yesterday summarized a recent SEC inspection report that showed dramatic continuing failures by the credit reporting agencies.  The post also indicated that the SEC is unable to address the needed changes on its own. In mid-December, the SEC issued a separate report required under section 939F of Title IX, Subtitle C. The SEC …

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Permanent link to this article: http://betweenthenumbers.net/2012/12/credit-agency-reform-should-be-a-congressional-priority/

Dec 22

SEC Inspection of Credit Rating Agencies Shows Drastic Change Needed

Credit rating agencies (more formally known as Nationally Recognized Statistical Rating Organizations or “NRSROs”) have been under attack for what seems like forever. Yet the basic system remains unchanged. By way of example, this article describes the state of affairs around two years ago. The continuing criticism involves both the enormous conflicts of interest that …

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Permanent link to this article: http://betweenthenumbers.net/2012/12/sec-inspection-of-credit-rating-agencies-shows-drastic-change-needed/

Dec 21

Qui Tam suits recovering extraordinary amounts

On December 4, the Department of Justice (DOJ) released a statement bragging about the money it had recovered. In reality, the government had much less to do with this than the private citizens and their lawyers who filed qui tam False Claim Act cases on behalf of the U.S. when the U.S. declined to take …

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Permanent link to this article: http://betweenthenumbers.net/2012/12/qui-tam-suits-recovering-extraordinary-amounts/

Dec 20

California’s new deposition limitation has plenty of exceptions, including experts

Effective January 1, 2013, AB-1875 amends California Code of Civil Procedure (CCP) Section 2025.290, which applies to oral depositions in civil cases. The revised law limits the deposition to seven hours of total testimony. Currently, CCP § 2025.290 does not contain any time limits on depositions. This revision brings CCP § 2025.290 more in conformity …

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Permanent link to this article: http://betweenthenumbers.net/2012/12/californias-new-deposition-limitation-has-plenty-of-exceptions-including-experts/

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