I am a Principal at Fulcrum Inquiry, an accounting and economic consulting firm that performs damage analysis for commercial litigation, forensic accountings, financial investigations, and business valuations. I hold an ABD and MA in economics from the University of California, San Diego. I perform damages analyses and serve as a damages expert witness. My resume is on Fulcrum's website.
Nicole Liska
Author's posts
Jan 18
Historic Material Adverse Effect (MAE) Ruling Illustrates Ways to Establish One
In December 2018, the Delaware Supreme Court upheld a judgement in the matter of Akron, Inc. v. Fresenius Kabi AG wherein the Court of Chancery for the first time ever found that a “Material Adverse Effect” (“MAE”) justified a buyer’s termination of a merger agreement. Establishing a MAE has historically proven difficult, even when the …
Permanent link to this article: https://betweenthenumbers.net/2019/01/historic-material-adverse-effect-mae-ruling-illustrates-ways-to-establish-one/
Sep 17
Valuing Higher Education in Lost Income Claims
A typical lost earnings analysis endeavors to value the personal income that was lost due to injury or loss of employment opportunities. This is more challenging when income is not yet established, e.g. when the injured Plaintiff has yet to enter the workforce or there is evidence that the Plaintiff would have otherwise altered their …
Permanent link to this article: https://betweenthenumbers.net/2018/09/valuing-higher-education-in-lost-income-claims/
Jun 27
Calculating Future Lost Earnings with No Earnings History
One common point of disagreement amongst opposing sides of a lost earnings case is future earnings, especially when the claimant has no meaningful earnings history. This typically occurs in personal injury cases in which the injured party is a child or an adolescent. Recently published data by the Board of Governors of the Federal Reserve …
Permanent link to this article: https://betweenthenumbers.net/2018/06/calculating-future-lost-earnings-with-no-earnings-history/
Apr 27
Calculate Economic Damages Associated with Lost Earnings Claims Accurately and Efficiently
Lost compensation is a method of capturing economic damages in personal injury, medical malpractice, wrongful termination, failure to promote and other similar torts. Independent damages experts (often economists or CPAs) are often employed to calculate lost compensation because of their unique background/skill set in addressing such economic losses. However, the desire to minimize costs means …
Permanent link to this article: https://betweenthenumbers.net/2018/04/calculate-economic-damages-associated-with-lost-earnings-claims-accurately-and-efficiently/
Apr 25
Federal Circuit Allows Flexibility in Determining Royalty Rate
The US Court of Appeals for the Federal Circuit’s recent decision in Exmark Manufacturing Company v. Briggs & Stratton Power Products Group, LLC (January 2018) validates that there is no clear-cut method to value a patented invention’s contribution to a larger, multi-component product (aka apportionment). Specifically, the Federal Circuit stated that “…apportionment can be addressed …
Permanent link to this article: https://betweenthenumbers.net/2018/04/federal-circuit-allows-flexibility-in-determining-royalty-rate/
Permanent link to this article: https://betweenthenumbers.net/2013/12/states-continue-to-search-for-ways-to-save-on-judicial-resources-2/
Nov 12
Statistical Sophistication Would Have Provided a Different Liability Answer
Economists and other financial experts are often hired to assess damages, assuming liability. However liability can sometimes be established or disproven based on statistics. For example, in a recently affirmed case involving employment discrimination, the application of a simple method failed to provide the Court with information that would likely have changed their decision. The …
Permanent link to this article: https://betweenthenumbers.net/2013/11/statistical-sophistication-would-have-provided-a-different-liability-answer/
Aug 15
Medical Diagnostic Errors are the Primary Cause of Malpractice Claims
Based on a Johns Hopkins University study, a prior blog post provides some alarming statistics on surgical “never events” (a term used in the medical community to describe a preventable surgical event that is “never” supposed to occur) that actually do occur. More recently from the same university, a study concluded the following: Of approximately …
Permanent link to this article: https://betweenthenumbers.net/2013/08/medical-diagnostic-errors-are-the-primary-cause-of-malpractice-claims/
Jul 24
The Appropriate Discount Rate in a Lost Earnings Claim
Damage experts don’t always agree regarding the appropriate discount rate and underlying methodology for a lost earnings claim and certain commonly applied methods actually provide a windfall to Plaintiffs. The chosen rate can make a meaningful difference in the economic damages conclusion. A recent article, “Lost Compensation Settlement Tool Allows You To Assess Economic Damages …
Permanent link to this article: https://betweenthenumbers.net/2013/07/the-appropriate-discount-rate-in-a-lost-earnings-claim/
Jul 06
Lost Earnings Claim Getting Way More Press Than it Deserves
Based on the sheer volume of headlines in the media, one might think that this lost earnings claim either has some extraordinary circumstances and/or involves a celebrity. However, it appears that neither of those are true. From a legal and economic damages standpoint, the alleged wrongful termination and gender discrimination claims are routine. So, why …
Permanent link to this article: https://betweenthenumbers.net/2013/07/lost-earnings-claim-getting-way-more-press-than-it-deserves/
Dec 03
States Continue to Search for Ways to Save on Judicial Resources
December 3, 2013
Since the “Great Recession”, cost saving on litigation continues to be a grave concern for practically everyone involved. The states’ judiciary systems are just one of the many; attempting to save costs on judicial resources, states continue to put pressure on both parties to settle. Florida recently passed a Proposal for Settlement Statute related to …
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