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A Quantitative Approach to Commercial Damages: Applying Statistics to the Measurement of Lost Profits

A Quantitative Approach to Commercial Damages Applying Statistics to the Measurement of Lost Profits

  • Author:
  • Publisher: John Wiley & Sons
  • ISBN: 9781118072592
  • Published In: April 2012
  • Format: Paperback , 352 pages
  • Jurisdiction: International or US ? Disclaimer:
    Countri(es) stated herein are used as reference only
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How-to guidance for measuring lost profits due to business interruption damages

A Quantitative Approach to Commercial Damages explains the complicated process of measuring business interruption damages, whether they are losses are from natural or man-made disasters, or whether the performance of one company adversely affects the performance of another. Using a methodology built around case studies integrated with solution tools, this book is presented step by step from the analysis damages perspective to aid in preparing a damage claim. Over 250 screen shots are included and key cell formulas that show how to construct a formula and lay it out on the spreadsheet.

  • Includes excel spreadsheet applications and key cell formulas for those who wish to construct their own spreadsheets
  • Offers a step-by-step approach to computing damages using case studies and over 250 screen shots

Often in the course of business, a firm will be damaged by the actions of another individual or company, such as a fire that shuts down a restaurant for two months. Often, this results in the filing of a business interruption claim. Discover how to measure business losses with the proven guidance found in A Quantitative Approach to Commercial Damages.

Preface

Is This A Course In Statistics?

How This Book is Setup

The Job of the Testifying Expert

Spreadsheet Availability

Acknowledgements

Introduction

The Application of Statistics to the Measurement of Damages for Lost Profits

The Three Big Statistical Ideas

Variation

Correlation

The Concept of the Null Hypothesis

Rejection Region, or Area

Introduction to the Idea of Lost Profits

Stage 1. Calculating the Difference Between Those Revenues That Should Have Been Earned and What was Actually Earned During the Period of Interruption

Stage 2. Analyzing Costs and Expenses to Separate Continuing from Non-Continuing

Stage 3. Examining Continuing Expenses Patterns for Extra Expense

Stage 4. Computing the Actual Loss Sustained, or Lost Profits

Choosing a Forecasting Model

Type of Interruption

Length of Period of Interruption

Availability of Historical Data

Regularity of Sales Trends and Patterns

Ease of Explanation

Conventional Forecasting Models

Simple Arithmetic Models

More Complex Arithmetic Models

Trend‑Line and Curve‑Fitting Models

Seasonal Factor Models

Smoothing Methods

Multiple Regression Models

Other Applications of Statistical Models

Conclusion

Notes

Chapter 1 Case Study 1 Uses of the Standard Deviation

The Steps of Data Analysis

Shape

Spread

Conclusion

Notes

Chapter 2 Case Study 2 Trend and Seasonality Analysis

Claim Submitted

Claim Review

Occupancy Percentages

Trend, Seasonality and Noise

Trendline Test

Cycle Testing

Conclusion

Notes

Chapter 3 Case Study 3 An Introduction to Regression Analysis and Its Application to the Measurement of Economic Damages

What Is Regression Analysis and Where Have I Seen It Before?

A Brief Introduction to Simple Linear Regression

I Get Good Results with Average or Median Ratios – Why Should I Switch to Regression Analysis?

How Does One Perform a Regression Analysis Using Microsoft's Excel?

Why Does Simple Linear Regression Rarely Give us the Right Answer, and What Can We Do about It?

Should We Treat the Value Driver Annual Revenue in the Same Manner as We Have Seller's Discretionary Earnings?

What is the Meaning and Function of the Regression Tool's Summary Output?

Regression Statistics

Tests and Analysis of Residuals

Testing the Linearity Assumption

Testing the Normality Assumption

Testing the Constant Variance Assumption

Testing the Independence Assumption

Testing the No Errors-in-Variables Assumption

Testing the No Multicollinearity Assumption

Conclusion

Chapter 4 Case Study 4 Choosing a Sales Forecasting Model: A Trial and Error Process

Correlation with Industry Sales

Conversion to Quarterly Data

Quadratic Regression Model

Problems with the Quarterly Quadratic Model

Substituting a Monthly Quadratic Model

Conclusion

Notes

Chapter 5 Case Study 5 Time Series Analysis with Seasonal Adjustment

Exploratory Data Analysis

Seasonal Indices vs. Dummy Variables

Creation of the Optimized Seasonal Indices

Creation of the Monthly Time Series Model

Creation of the Composite Model

Conclusion

Notes

Chapter 6 Case Study 6 Cross Sectional Regression Combined with Seasonal Indices to Determine Lost Profits

Outline of the Case

Testing for Noise in the Data

Converting to Quarterly Data

Optimizing Seasonal Indices

Exogenous Predictor Variable

Interrupted Time Series Analysis

“But For” Sales Forecast

Transforming the Dependent Variable

Dealing with Mitigation

Computing Saved Costs and Expenses

Conclusion

Notes

Chapter 7 Case Study 7 Measuring Differences in Pre- and Post- Incident Sales Using Two Sample t-Tests versus Regression Models

Preliminary Tests of the Data

Selecting the Appropriate Regression Model

Finding the Facts Behind the Figures

Conclusion

Notes

Chapter 8 Case Study 8 Interrupted Time Series Analysis, Holdback Forecasting and Variable Transformation

Graph Your Data

Industry Comparisons

Accounting for Seasonality

Accounting for Trend

Accounting for Interventions

Forecasting “Should Be” Sales

Testing the Model

Final Sales Forecast

Conclusion

Chapter 9 Case Study 9 An Exercise in Cost Estimation to Determine Saved Expenses

Classifying Cost Behavior

An Arbitrary Classification

Graph Your Data

Testing the Assumption of Significance

Expense Drivers

Conclusion

Chapter 10 Case Study 10 Saved Expenses, Bivariate Model Inadequacy, and Multiple Regression Models

Graph Your Data

Regression Summary Output of the First Model

Search for Other Independent Variables

Regression Summary Output of the Second Model

Conclusion

Chapter 11 Case Study 11 Analysis of and Modification to Opposing Experts' Reports

Background Information

Stipulated Facts and Data

The Flaw Common to Both Experts

Defendant's Expert's Report

Plaintiff's Expert's Report

The Modified-Exponential Growth Curve

Four Damages Models

Conclusion

Chapter 12 Case Study 12 Further Considerations in the Determination of Lost Profits

A Review of Methods of Loss Calculation

A Case Study Dunlap Drive-in-Diner

Skeptical Analysis using the Fraud Theory Approach

Revenue Adjustment

Fraud Theory Approach

Determination

Officer's Compensation Adjustment

Fraud Theory Approach

Determination

Continuing Salaries and Wages (Payroll) Adjustment

Fraud Theory Approach

Determination

Rent Adjustment

Fraud Theory Approach

Determination

Employee Bonus

Fraud Theory Approach

Determination

Discussion

Conclusion

Chapter 13 Case Study 13 A Simple Approach to Forecasting Sales

Month Length Adjustment

Graph Your Data

Worksheet Setup

First Forecasting Method

Second Forecasting Method

Selection of Length of Prior Period

Reasonableness Test

Conclusion

Chapter 14 Case Study 14 Data Analysis Tools for Forecasting Sales

Need for Analytical Tests

Graph Your Data

Statistical Procedures

Tests for Randomness

Tests for Trend and Seasonality

Testing for Seasonality and Trend with a Regression Model

Conclusion

Notes

Chapter 15 Case Study 15 Determining Lost Sales with Stationary Time Series Data

Prediction Errors and Their Measurement

Moving Averages

Array Formulas

Weighted Moving Averages

Simple Exponential Smoothing

Seasonality with Additive Effects

Seasonality with Multiplicative Effects

Conclusion

Chapter 16 Case Study 16 Determining Lost Sales Using Non-Regression Trend Models

When Averaging Techniques Are Not Appropriate

Double Moving Average

Double Exponential Smoothing (Holt's Method)

Triple Exponential Smoothing (Holt-Winter's Method) For Additive Seasonal Effects

Triple Exponential Smoothing (Holt-Winter's Method) For Multiplicative Seasonal Effects

Conclusion

Appendix The Next Frontier in the Application of Statistics

The Technology

EViews

Minitab

NCSS

Sales Ratio Reports

Comparables Reports

Hybrid Appraisal Model

The R Project for Statistical Computing

SAS

SPSS

STATA

WINKS SDA 7 PROFESSIONAL

Conclusion /Discussion

Bibliography of Suggested Statistics Textbooks

Glossary of Statistical Terms

About the Authors

Index

Mark G. Filler, CPA/ABV, CBA, AM, CVA, is President of Filler & Associates, a valuation and litigation support practice. He recently was also chair of the editorial board of NACVA's The Valuation Examiner and coauthor of NACVA's quarterly marketing newsletter Insights on Valuation. Filler has published various articles and is recognized as a qualified expert witness, testifying frequently on business valuation, commercial damages, and personal injury matters at depositions and in state and federal courts.

James A. Digabriele, PhD/DPS, CPA/ABV, CFF, CFE, CFSA, CR.FA, CVA, is a professor of accounting at Montclair State University and has been published in various journals, including Journal of Forensic Accounting, Journal of Business Valuation and Economic Loss Analysis, and The Value Examiner. Dr. DiGabriele is also Managing Director of DiGabriele, McNulty, Campanella & Co., LLC, an accounting firm specializing in forensic/investigative accounting and litigation support.

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