The Ex Post and Ex Ante Standards in Damages
Ex Post and Ex Ante Standards in Damages
Presented by Benjamin Sacks
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Brattle Principal Ben Sacks explains the ex post and ex ante approaches to calculating damages through two intuitive examples.
Mr. Sacks has over 20 years of experience assisting corporations, investors, US government agencies, and foreign governments, to develop and present economic and financial testimony in complex litigations and arbitrations. He serves as a testifying expert in both international arbitrations and US court matters.
BUT-FOR VALUE
ACTUAL VALUE
DAMAGES
Ex Post and Ex Ante
WHAT ARE DAMAGES?
TIMELINE: PAST VS. FUTURE
4 minutes and 14 seconds
1 Standards in Damages
Mr. Sacks defines ex post and ex ante standards and explains what they mean for damages.
Claimant wealth if "bad acts" had not occurred
In the past (known)
in both ex post and ex ante
Claimant wealth if "bad acts" had not occurred
Past (known) or future (unknown) depending on ex post or ex ante
Claimant wealth given bad acts did occur
Difference in the claimant's wealth caused by the bad acts
PAST
HEARING OR AWARD
INTERIM
PERIOD
BAD ACTS
FUTURE
{
In the future (unknown) in both
ex post and ex ante
Ex Post and Ex Ante
The Value of Expropriated Shares
3 minutes and 29 seconds
2 Expropriation of Publicly Traded Shares
Mr. Sacks provides an applied example of ex post and ex ante standards in damages through the expropriation of a publicly traded firm.
Ex Ante
Ex Post
Ex Post and Ex Ante
APPROACHES TO HISTORICAL AND FORECASTED PRICES
3 minutes and 38 seconds
3 Approaches to Historical and Forecasted Prices
Mr. Sacks applies ex post and ex ante standards to an example of a private firm using discounted cash flow (DCF) and focusing on prices.
Ex Ante Data
Ex Ante Projection
Ex Post Date
Also Ex Post
Ex Post Projection
Ex Ante
Ex Post
about brattle
The Brattle Group answers complex economic, finance, and regulatory questions for corporations, law firms, and governments around the world. We are distinguished by the clarity of our insights and the credibility of our experts, which include leading international academics and industry specialists. Brattle has 500 talented professionals across North America, Europe, and Asia-Pacific.
Reach out to Ben for more information
Benjamin.Sacks@brattle.com
+1.202.955.5050
Benjamin Sacks
Principal | Washington DC
