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View Diary: How much is a hijacked LinkedIn account worth? You'll be amazed. (23 comments)

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  •  No real objection. (4+ / 0-)
    Recommended by:
    Larsstephens, Avila, VClib, grover

    I might've awarded $100 in nominal damages.

    •  Having a professional expert witness might have (2+ / 0-)
      Recommended by:
      Avila, Adam B

      changed the outcome.

      The damages (non) award doesn't surprise me. Proving a negative is always extremely difficult. You can hire the best forensics folks, but for that short of a time period, it's just hard to prove that a client or several went elsewhere.  It's possible, but it's difficult. Of course, you start by knowing you need to prove the loss of actual clients or contracts, which plaintiff and her expert may not have realized.

      It seems that plaintiff's damages expert failed to plug some holes. Her expert was her (former) partner at Edcomm. I'm sure as a banking guy he was reasonably able to calculate damages to meet Frye standard (although plaintiff was a pro se plaintiff, so I can't imagine any reasonable defense counsel would challenge anyhow).

      But there is more to being an expert witness than knowing how to work up some spreadsheets. Brody has no experience at testifying at all. The judge wrote that Brody admitted to "guesstimating" the damages and there was no evidence of general accounting principles being utilized in the calculations.

      Preparing a reasonable estimation of damages and being able to explain and defend it, anticipating holes, being able to resolve them (or persuasively explain why they're not significant as the judge might )  find them is all part of the job.

      At least she won on liability. Plaintiff might find small solace in that, but I think others who think of doing such things would be well advised to think twice.

      This is why I've always valued my good experts so highly. You can skimp on experts, but it often costs you...

      © grover


      So if you get hit by a bus tonight, would you be satisfied with how you spent today, your last day on earth? Live like tomorrow is never guaranteed, because it's not. -- Me.

      by grover on Fri Mar 15, 2013 at 11:31:19 PM PDT

      [ Parent ]

      •  "Estimation" which is, of course, (1+ / 0-)
        Recommended by:
        Avila

        When you have prepare an estimate and calculation in the same report.

        Sigh..  

        © grover


        So if you get hit by a bus tonight, would you be satisfied with how you spent today, your last day on earth? Live like tomorrow is never guaranteed, because it's not. -- Me.

        by grover on Fri Mar 15, 2013 at 11:34:32 PM PDT

        [ Parent ]

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