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CVA Litigation Support and Expert Testimony Flashcards

6 cards from real Certified Valuation Analyst practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.

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  1. The primary purpose of a rebuttal report in litigation is to:

    Answer: Identify and respond to errors, unsupported assumptions, or methodological flaws in the opposing expert's report

    A rebuttal report critiques the opposing expert's methodology, data, and conclusions to assist the trier of fact in evaluating competing opinions.

  2. The concept of 'economic damages' in IP infringement cases most often encompasses:

    Answer: Lost profits, reasonable royalty, or unjust enrichment of the infringer

    IP damages typically follow one of three theories: lost profits the plaintiff would have earned, a reasonable royalty the infringer should have paid, or disgorgement of the infringer's profits.

  3. In a fraud-on-the-market securities case, the 'event study' methodology is used by CVA analysts to:

    Answer: Isolate the stock price decline attributable to the alleged misrepresentation from other market and industry factors

    An event study uses statistical regression to separate the stock price reaction caused by the alleged fraud disclosure from returns explained by market-wide and industry movements.

  4. A CVA is asked to opine on damages in a tortious interference case where a competitor poached key employees. The 'but-for' analysis would require the analyst to:

    Answer: Construct a financial model of what the plaintiff's business performance would have been without the employee losses

    The but-for analysis models projected revenues, costs, and profits absent the wrongful act, compared to actual post-interference results to quantify economic harm.

  5. Expert witness immunity from civil liability for testimony given in judicial proceedings is generally:

    Answer: Broadly recognized in U.S. courts to protect experts willing to testify

    Most U.S. jurisdictions extend quasi-judicial immunity to expert witnesses for testimony given in court proceedings, encouraging candid opinions without fear of retaliatory litigation.

  6. When a CVA expert is deposed prior to trial, the deposition primarily serves to:

    Answer: Lock in the expert's opinions, identify weaknesses, and prevent surprise testimony at trial

    Depositions allow opposing counsel to discover the full scope of the expert's opinions, probe methodological weaknesses, and bind the expert to stated positions.

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