Litigation Spectrum
March/April 2007
Understanding and deterring fraud / Components of a discount rate / Lost profit AND lost value: Double dipping?
- Understanding and deterring fraud: Just pick up the newspaper or listen to the news. It seems like fraud is everywhere; whether it is a publicized cash larceny or other asset misappropriation, bribery or corruption scandal, theft of intellectual property, insurance or credit card fraud, financial statement fraud (i.e., Enron, WorldCom), or the like.
- Components of a discount rate: The discount rate is the rate by which the projected income stream from an investment is converted to a present value. The discount rate is also referred to as the required rate of return or cost of capital. It is the required annual rate of return that an investor would require to commit capital to an investment. It incorporates the time value of money and the risk associated with the uncertainty of when and how much of the projected income stream will be received.
- Lost profit AND lost value: Double dipping? Lost profit and lost value are two commonly used measures of damages in commercial litigation. In general, a claimant cannot obtain compensation for both lost value and lost profit. However, in some circumstances the award of lost profit and diminution in value does occur.
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