Wednesday, January 20, 2010

Expert's Conversion of Google Stock to Running Royalty was not Excluded for Employing Unreliable Methodology

The court denied plaintiff's motion to exclude testimony from defendant's damages expert which "converts Google’s grant of equity (2% of its stock) into a running royalty." "Although [defendant's expert] admits that he had not seen anyone perform his exact calculation, [defendant] asserts that the calculation is based upon widely accepted finance theory. . . . Through cross-examination of [the expert], [plaintiff] may address the reliability of the expert’s calculations."

Function Media, L.L.C. v. Google, Inc. et al., 2-07-cv-00279 (TXED January 15, 2010, Memorandum Opinion & Order) (Everingham, M.J.)

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