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

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Edition: 1st
Format: Hardcover
Pub. Date: 2012-05-08
Publisher(s): Wiley
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Summary

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.

Author Biography

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.

Table of Contents

Prefacep. xvii
Is This a Course in Statistics?p. xvii
How This Book Is Set Upp. xviii
The Job of the Testifying Expertp. xix
About the Companion Web Site-Spreadsheet Availabilityp. xix
Notep. xx
Acknowledgmentsp. xxi
Introduction The Application of Statistics to the Measurement of Damages for Lost Profitsp. 1
The Three Big Statistical Ideasp. 1
Variationp. 1
Correlationp. 2
Rejection Region or Areap. 4
Introduction to the Idea of Lost Profitsp. 6
Calculating the Difference Between Those Revenues That Should Have Been Earned and What Was Actually Earned During the Period of Interruptionp. 7
Analyzing Costs and Expenses to Separate Continuing from Noncontinuingp. 8
Examining Continuing Expenses Patterns for Extra Expensep. 8
Computing the Actual Loss Sustained or Lost Profitsp. 8
Choosing a Forecasting Modelp. 9
Type of Interruptionp. 9
Length of Period of Interruptionp. 10
Availability of Historical Datap. 10
Regularity of Sales Trends and Patternsp. 10
Ease of Explanationp. 10
Conventional Forecasting Modelsp. 11
Simple Arithmetic Modelsp. 11
More Complex Arithmetic Modelsp. 11
Trendline and Curve-Fitting Modelsp. 12
Seasonal Factor Modelsp. 12
Smoothing Methodsp. 12
Multiple Regression Modelsp. 13
Other Applications of Statistical Modelsp. 14
Conclusionp. 14
Notesp. 15
Case Study 1-Uses of the Standard Deviationp. 17
The Steps of Data Analysisp. 17
Shapep. 18
Spreadp. 19
Conclusionp. 23
Notesp. 23
Case Study 2-Trend and Seasonality Analysisp. 25
Claim Submittedp. 25
Claim Reviewp. 26
Occupancy Percentagesp. 26
Trend, Seasonality, and Noisep. 28
Trendline Testp. 33
Cycle Testingp. 33
Conclusionp. 34
Notep. 36
Case Study 3-An Introduction to Regression Analysis and Its Application to the Measurement of Economic Damagesp. 37
What Is Regression Analysis and Where Have I Seen It Before?p. 37
A Brief Introduction to Simple Linear Regressionp. 38
I Get Good Results with Average or Median Ratios-Why Should I Switch to Regression Analysis?p. 40
How Does One Perform a Regression Analysis Using Microsoft Excel?p. 43
Why Does Simple Linear Regression Rarely Give Us the Right Answer, and What Can We Do about It?p. 51
Should We Treat the Value Driver Annual Revenue in the Same Manner as We Have Seller's Discretionary Earnings?p. 60
What Are the Meaning and Function of the Regression Tool's Summary Output'p. 68
Regression Statisticsp. 69
Tests and Analysis of Residualsp. 75
Testing the Linearity Assumptionp. 77
Testing the Normality Assumptionp. 78
Testing the Constant Variance Assumptionp. 80
Testing the Independence Assumptionp. 83
Testing the No Errors-in-Variables Assumptionp. 84
Testing the No Multicollinearity Assumptionp. 84
Conclusionp. 87
Notep. 87
Case Study 4-Choosing a Sales Forecasting Model: A Trial and Error Processp. 89
Correlation with Industry Salesp. 89
Conversion to Quarterly Datap. 89
Quadratic Regression Modelp. 92
Problems with the Quarterly Quadratic Modelp. 92
Substituting a Monthly Quadratic Modelp. 94
Conclusionp. 95
Notep. 99
Case Study 5-Time Series Analysis with Seasonal Adjustmentp. 101
Exploratory Data Analysisp. 101
Seasonal Indexes versus Dummy Variablesp. 102
Creation of the Optimized Seasonal Indexesp. 103
Creation of the Monthly Time Series Modelp. 108
Creation of the Composite Modelp. 108
Conclusionp. 115
Notesp. 115
Case Study 6-Cross-Sectional Regression Combined with Seasonal Indexes to Determine Lost Profitsp. 117
Outline of the Casep. 117
Testing for Noise in the Datap. 119
Converting to Quarterly Datap. 119
Optimizing Seasonal Indexesp. 119
Exogenous Predictor Variablep. 124
Interrupted Time Series Analysisp. 124
"But For" Sales Forecastp. 126
Transforming the Dependent Variablep. 130
Dealing with Mitigationp. 130
Computing Saved Costs and Expensesp. 133
Conclusionp. 137
Notep. 138
Case Study 7-Measuring Differences in Pre- and Postincident Sales Using Two Sample t-Tests versus Regression Modelsp. 139
Preliminary Tests of the Datap. 139
Using the t-Test Two Sample Assuming Unequal Variances Toolp. 141
Regression Approach to the Problemp. 141
A New Data Set-Different Resultsp. 143
Selecting the Appropriate Regression Modelp. 143
Finding the Facts Behind the Figuresp. 148
Conclusionp. 151
Notesp. 153
Case Study 8-Interrupted Time Series Analysis, Holdback Forecasting, and Variable Transformationp. 155
Graph Your Datap. 155
Industry Comparisonsp. 155
Accounting for Seasonalityp. 157
Accounting for Trendp. 161
Accounting for Interventionsp. 161
Forecasting "Should Be" Salesp. 164
Testing the Modelp. 167
Final Sales Forecastp. 169
Conclusionp. 169
Case Study 9-An Exercise in Cost Estimation to Determine Saved Expensesp. 171
Classifying Cost Behaviorp. 171
An Arbitrary Classificationp. 172
Graph Your Datap. 172
Testing the Assumption of Significancep. 174
Expense Driversp. 174
Conclusionp. 177
Case Study 10-Saved Expenses, Bivariate Model Inadequacy, and Multiple Regression Modelsp. 179
Graph Your Datap. 179
Regression Summary Output of the First Modelp. 181
Search for Other Independent Variablesp. 183
Regression Summary Output of the Second Modelp. 185
Conclusionp. 188
Case Study 11-Analysis of and Modification to Opposing Experts' Reportsp. 189
Background Informationp. 189
Stipulated Facts and Datap. 190
The Flaw Common to Both Expertsp. 194
Defendant's Expert's Reportp. 196
Plaintiffs Expert's Reportp. 199
The Modified-Exponential Growth Curvep. 201
Four Damages Modelsp. 208
Conclusionp. 208
Case Study 12-Further Considerations in the Determination of Lost Profitsp. 209
A Review of Methods of Loss Calculationp. 210
A Case Study: Dunlap Drive-in Dinerp. 211
Skeptical Analysis Using the Fraud Theory Approachp. 212
Revenue Adjustmentp. 212
Officer's Compensation Adjustmentp. 214
Continuing Salaries and Wages (Payroll) Adjustmentp. 215
Rent Adjustmentp. 215
Employee Bonusp. 216
Discussionp. 216
Conclusionp. 217
Case Study 13-A Simple Approach to Forecasting Salesp. 221
Month Length Adjustmentp. 221
Graph Your Datap. 221
Worksheet Setupp. 222
First Forecasting Methodp. 227
Second Forecasting Methodp. 227
Selection of Length of Prior Periodp. 228
Reasonableness Testp. 228
Conclusionp. 229
Case Study 14-Data Analysis Tools for Forecasting Salesp. 231
Need for Analytical Testsp. 231
Graph Your Datap. 231
Statistical Proceduresp. 233
Tests for Randomnessp. 235
Tests for Trend and Seasonalityp. 240
Testing for Seasonality and Trend with a Regression Modelp. 246
Conclusionp. 249
Notesp. 249
Case Study 15-Determining Lost Sales with Stationary Time Series Datap. 251
Prediction Errors and Their Measurementp. 251
Moving Averagesp. 252
Array Formulasp. 254
Weighted Moving Averagesp. 256
Simple Exponential Smoothingp. 260
Seasonality with Additive Effectsp. 263
Seasonality with Multiplicative Effectsp. 268
Conclusionp. 272
Case Study 16-Determining Lost Sales Using Nonregression Trend Modelsp. 273
When Averaging Techniques Are Not Appropriatep. 273
Double Moving Averagep. 275
Double Exponential Smoothing (Holt's Method)p. 277
Triple Exponential Smoothing (Holt-Winter's Method) for Additive Seasonal Effectsp. 279
Triple Exponential Smoothing (Holt-Winter's Method) for Multiplicative Seasonal Effectsp. 285
Conclusionp. 288
Appendix The Next Frontier in the Application of Statisticsp. 291
The Technologyp. 291
EViewsp. 291
Minitabp. 292
NCSSp. 292
The R Project for Statistical Computingp. 293
SASp. 294
SPSSp. 295
Statap. 296
WINKS SDA 7 Professionalp. 298
Conclusionp. 299
Bibliography of Suggested Statistics Textbooksp. 301
Glossary of Statistical Termsp. 303
About the Authorsp. 317
Indexp. 319
Table of Contents provided by Ingram. All Rights Reserved.

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