Bankruptcy and Financial Distress Litigation

IP Valuation

IP Valuation

The proper valuation of intellectual property (IP) requires a thorough understanding of the realities of the market(s) in which that property is used. Rule-of-thumb calculations often fail to withstand hostile scrutiny in the event of legal actions. Outside of disputed proceedings, cookie-cutter applications of valuation methods and accounting allocations often incorrectly assess the value of the IP in question.

NERA economists understand that proper and defensible valuation of IP assets requires thoroughly considering the relevant market and IP-specific information. In so doing, we formulate and test forward-looking assumptions about the prospective economic conditions of the IP assets at issue. Our experts apply rigorous economic analysis to a variety of IP-related issues including: the monetary impact of theft of IP assets; the internal transfer price for the use of IP assets across divisions of a multinational corporation; the value of an IP asset or portfolio in connection with its sale or license; the decision to license IP, including a recommendation of an appropriate price and other terms; and the monetary impact of theft of loss of IP legal protection.

NERA economists have extensive experience valuing intangible assets. These include assignments relating to financial reporting and tax requirements, spin-outs, and asset sales, and calculating the internal transfer price for its use across divisions of a multi-national corporation. We provide guidance about IP asset value before and after transactions have been consummated, enabling parties to create appropriate documentation to support tax-reporting requirements.

Name Title Location Phone Email
Bradley A. Heys Senior Managing Director Toronto
New York City
+1 416 868 7312
+1 212 345 3000
brad.heys@nera.com
Dr. Christine Siegwarth Meyer Senior Managing Director
Chair of NERA's Intellectual Property Practice
White Plains, NY +1 914 448 4119 christine.meyer@nera.com
Dr. Faten Sabry Senior Managing Director
Chair of NERA's Global Securities and Finance Practice
Bankruptcy Practice Chair
New York City
London
+1 212 345 3285
+44 20 7659 8618
faten.sabry@nera.com
Dr. Ramsey Shehadeh Senior Managing Director Washington, DC +1 212 345 6089 ramsey.shehadeh@nera.com
Robert Patton Managing Director Toronto
London
New York City
+1 416 868 7318
+44 20 7659 8620
+1 212 345 3000
robert.patton@nera.com
Dr. Vladimir Starkov Managing Director Chicago +1 312 573 2806 vladimir.starkov@nera.com
Bryan Ray Director White Plains, NY +1 914 448 4004 bryan.ray@nera.com
Dr. Alexander Voegele Affiliated Consultant Frankfurt +49 69 710 447 501 alexander.voegele.affiliate@nera.com
Title Type Author
Snapshot of Recent Trends in Asbestos Litigation: 2022 Update White Paper Mary Elizabeth Stern and Lucy Allen
How Will the LIBOR Transition Affect Mortgage Consumers? White Paper Dr. Faten Sabry and Ramisa Roya, et al.
Trends in Canadian Securities Class Actions: 2021 Update White Paper Bradley A. Heys, Robert Patton, Jielei Mao
Snapshot of Recent Trends in Asbestos Litigation 2021 Update Mary Elizabeth C. Stern and Lucy P. Allen
How COVID-19 Impact Analysis May Shape MAE Disputes Published Article Dr. David Tabak and Edward Flores
COVID-19, MAEs, and Preliminary Evidence of Disproportionate Impacts Within Industrie... Brief Dr. David Tabak and Edward Flores
S&P 500 Index: Daily Price Movements Brief Dr. David Tabak and Edward Flores
Manufactured Defaults and the Use of Credit Default Swaps Report Dr. Faten Sabry and David Cen, et al.
Fair Value, Transaction Price, and Common Equity Price in Delaware Appraisal Litigati... Published Article William P. Hrycay
Recent Trends in Securities Class Action Litigation: Q1 2018 Update Published Article Svetlana Starykh et al.