Attention:

Expert Witnesses, Valuation, and Damages: The Expert's Point of View


Level: Advanced
Runtime: 90 minutes
Recorded Date: March 08, 2018
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Agenda

1:00 pm - 2:30 pm
  • Maximizing the Benefit of an Expert
  • The Ethics of an Expert's Damages and Valuation Work
  • Valuation and Damages
Runtime: 1 hour and 30 minutes
Recorded: March 8, 2018

Description

The demand for economic damages analysis and valuation for litigation, arbitration, and mediation is ever growing. Elements of IP and intangible assets affect disputes in nearly every area of law, from real estate to complex software transactions.

Join ABA author Weston Anson as he discusses how to best use experts, when to hire them, how to find good ones, and how to test whether they have adequate knowledge.

This seminar will include:
  • Guidance on how to use the witness in pretrial phases and during negotiations
  • How to discuss the expert's role in discovery
  • The use of the expert's report in pretrial strategy
This program was recorded on March 8th, 2018.

Provided By

American Bar Association

Panelists

Weston Anson

Chairman
CONSOR

Weston Anson is Chairman of CONSOR?, an intellectual asset consulting firm specializing in trademark, patent and copyright licensing, valuations, and expert testimony. The firm is headquartered in La Jolla, California, and has offices in New York and London. He served for ten years as an officer and board member of the Licensing Industry Merchandisers' Association and is a lifetime member of the Board of Advisors. He currently serves as an active member of the International Licensing Executives Society board of delegates.

A seasoned consumer goods marketer, after receiving his MBA (honors) from Harvard University, he served a stint with the management consulting firm of Booz-Allen & Hamilton. Subsequently, he was the youngest Vice-President and corporate officer at Playboy Enterprises, Inc., where he launched many of their licensing programs. Mr. Anson was also Senior Vice President of Hang Ten International, which grew to nearly 100 licensees in 30 countries under his direction. For the last 25 years, Mr. Anson has also led the way in developing and establishing accepted methods to value brands, technologies and other IP.

He is an expert in building and licensing brands, as well as developing and managing licensing programs for all IP. Not only is a branding and licensing expert, Mr. Anson also an acknowledged pioneer in developing the methodologies that enable accurate valuation of IP on a worldwide basis. His multiple books on the subject have been published in the U.S. as well as in Europe and China. He was chairman of the Global Valuation Standards Committee for the LESI, which established IP Valuation standards in cross border IP transactions. These standards were adopted in 2011 at the Global Technology Forum, which included World IP bodies such as World Intellectual Property Organization, World Trade Organization and the Association of University Technology Managers.

Since founding CONSOR (and its predecessor company Trademark & Licensing Associates), Mr. Anson has developed numerous licensing strategies for major corporations and has performed valuations of hundreds of intellectual property components including: Caterpillar, Inc., Chevron, Estate of Dr. Seuss, Donna Karan, Amazon.com, DuPont, Ford Motor Company, General Motors Corporation, Hard Rock Caf?, Harrods, Hilton, IBM, L.L. Bean, Inc., Levi Strauss & Co., L’Oreal, Louisville Slugger, Lucasfilm, Ltd., Macy’s, The Estate of Marlon Brando, Marvel, Mattel, McDonald’s Corporation, MGM/UA, NCR, The Olympics, PepsiCo, Polaroid, Polo/Ralph Lauren, Procter & Gamble, QVC, Sara Lee, Sesame Street, Sloan Kettering, Sony Corporation, the Vatican Library and Xerox Corporation. As an important part of his career today, Mr. Anson is a world renowned IP expert with testifying experience in the United Kingdom, Europe, and in state, federal, tax, bankruptcy and probate courts in the U.S.; as well as in arbitration and mediation. In trial testimony, multiple depositions, and numerous rule 26 reports, his expertise has been established and reaffirmed. Litigation clients include roughly half of the largest 100 U.S. law firms. Notable cases range from: the largest trademark jury award in history to adidas of $304.6 million; the successful litigation of Woody Allen vs. American Apparel: a $5 million settlement in a right of privacy and publicity case; the Upaid Systems matter: a $70 million settlement in a computer/telecom patent case; and the Chevron-Donzinger/Ecuador case: decision barred Ecuador from collecting a $9.5 billion judgment against Chevron. In addition Mr. Anson has been involved in other famous cases, such as the landmark Jesse Ventura case in which the eighth circuit court of appeals noted “Anson's qualifications are quite impressive, and certainly more so than those of some experts whose testimony this court has permitted.”

Jeff Anderson

Managing Director
CONSOR

Jeff Anderson is the Managing Director at CONSOR?, an intellectual asset consulting firm specializing in trademark, patent, copyright and right of publicity valuation, licensing, and expert testimony. The firm is headquartered in La Jolla, California, and has offices in New York and London. Mr. Anderson first earned a B.S. in Economics from Santa Clara University, and went on to earn an M.B.A with a concentration in Finance, at San Diego State University.

Mr. Anderson has a broad view of the world of intellectual property and intangible assets. He has lectured, spoken, and written on the topic of IP valuation, as well as the licensing of various intellectual property rights. He is a contributing author to a newly published book, and he is author and co-author of several articles on intellectual property valuation. Coupled with his analytical approach to finance and economics, he has a unique view and expertise in intellectual property and intangible asset valuation and monetization. Mr. Anderson has been designated as the testifying expert in matters pertaining to trademark, patent, database, rights of publicity (ROP), copyright, and website valuation. Mr. Anderson has performed valuations of intangible assets and intellectual properties for corporate litigation and business/transaction purposes. His project work spans the full spectrum of the intellectual property realm. Industries worked on include: government, software, banking, entertainment, construction, retail, energy, and manufacturing. He has managed projects involving: valuation for litigation; sale/purchase valuation and negotiation; license structuring and negotiation; estate valuation; and valuation in expropriation and foreign markets.

Prior to joining CONSOR, Mr. Anderson was a finance manager in the pharmacy technology industry, and has had extensive experience in the mortgage and banking industry. In those industry roles, Mr. Anderson performed comprehensive valuations of business assets, analyzed financial statements, and created and managed accounting systems.

Evan Loker

Financial Analyst
CONSOR

Evan Loker is an analyst at CONSOR?, an intellectual property consulting and valuation firm specializing in trademark, patent, copyright and right of publicity valuation, licensing, and expert testimony. Mr. Loker first earned a B.S. in Business Management from San Diego State University, and went on to earn an M.B.A with a concentration in Finance, at San Diego State University.

Prior to joining CONSOR, Mr. Loker was a consultant in the private equity industry, and has had extensive experience in the consumer products industry. In his private equity consultant role, Mr. Loker led sourcing and network development efforts, and analyzed numerous business plans, models, and financial statements. In his role in the consumer products industry, Mr. Loker led compliance projects and developed new analytical models and approaches using statistics.


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