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Armed Services Board of Contract Appeals (ASBCA) and COVID-19 Lockdowns
By James L. McGovern, CPA/CFF, CVA, Fellow
March 2024
ASBCA finds Contractor allowed to seek reimbursement for costs of keeping employees ready during COVID-19 lockdowns.
The Board rejected the Government’s motion to dismiss stating “Section 3610 provides to an agency the discretion to modify the terms and conditions of a government contract to reimburse the contractor for paid leave, related to the COVID–19 public health emergency, that the contractor provided to certain employees or subcontractors.
New Release!
The 7th Edition of the
Comprehensive Guide to Economic Damages
Featuring brand new chapters addressing commercial success, economic damages in cryptocurrency, and lost profits analysis in cannabis establishments.
When Can Lost Future Profits be Recovered on a Terminated Government Contract?
By James L. McGovern, CPA/CFF, CVA, Fellow
February 2024
Most government contracts are covered by the Federal Acquisition Regulations (“FAR”). However, a recent Armed Services Board of Contract Appeals (“ASBCA”) decision found that in situations where a government contract is not covered by the FAR and does not include an express termination-for-convenience clause …
Spriggs Law Group Endorses Jim McGovern
"Jim McGovern is your consummate forensic accountant who, in addition to being steeped in all generally acceptable accounting principles, knows all of the pertinent complex cost allowability rules in government contracting. He is also an expert in the financial dimension of the government contract business and has testified numerous times on damage calculations of all types."
— William Spriggs, Attorney and founder of Spriggs Law Group
The BERO Group Economic Damages Experts
Whether the case at hand involves patent infringement, breach of contract, bankruptcy, divorce, fraud or embezzlement, The BERO Group has the resources to provide you and your clients with the forensic accounting support you need when pursuing economic damages in litigation matters.
The BERO Group specialists are experts at providing testimony using programs like Zoom, Teams, Webex and various other virtual meeting platforms. Our economic damages experts are equipped with the knowledge, skill and dedication to adapt to any of your litigation needs.
Economic Damages consulting in litigation matters isn't just an ancillary aspect of our practice — it's our specialty. Our track record and list of satisfied clients speaks for itself.
2022 ACFE Report to the Nations
The 2022 Report to the Nations is the largest global study on occupational fraud and includes data based on 2,110 real cases of occupational fraud data collected from 133 countries.
The Report identifies how fraud is committed and the most effective ways to detect it.
Hire Your Damages Expert Early
The Federal Circuit Agrees?
Hiring an architect before you build your new home is much like hiring a damages expert before you build your case.
Good habits will provide you with insights to guide portions of your case, which make successfull litigation outcomes more likely.
DAMAGES EXPERT WITNESS
LITIGATION SERVICES
Commercial Litigation
Breach of contract
Tortious interference
Franchise and dealership
Construction
Products liability
Economic Damages
Expert witness testimony
Financial Fraud
Fraud investigation
Misappropriation of company assets
Embezzlement: Bribery, kickbacks, payoffs
White collar defense
eDiscovery and forensic imaging
Data mining
Divorce: Tracing hidden assets
Intellectual Property Litigation
Friendly Patent infringement
Trade secret misappropriation
Trademark infringement /
Trade dress infringement
Copyright infringement
Economic Damages
Expert witness testimony
Commercial Damages
Lost Profits
Solvency / Insolvency
Contract / lost contract value
Trade Secrets / Patent Infringement
Expert witness testimony
Personal Damages
Employment Discrimination
Lost Wages/Benefits
Personal Injury Claims
Wrongful Death
FLSA Claims
Valuations
Trade Secrets
Mergers and Acquisitions
Patents and patent portfolios
Trademarks &
Copyrights
Contractual Damage Claims
Government Contracts
Terminations for Convenience or by Default
Cost Recovery Issues
Adjusting Partially Terminated Contracts
Contractual Damage Claims
Expert witness testimony
CLE Presentations for Credit
Intellectual Property
Lost Profits or Earnings
Insurance Claims Calculations
Damages Calculations
Litigation Damages Blueprint
Now in Print!
The Litigator's
Damages
Blueprint
The Pragmatic Solution
Not a how-to-calculate-damages book, but a process that The BERO Group calls
"The Pragmatic Solution" which can help you manage your damages case.
Rick Bero Shares The BERO Group Approach to Litigation
From start to finish, learn to work effectively and efficiently with your damages litigation team. This book will guide you through the steps to achieve success, offering a structure to engage fully with your damages analysis as you move from early preparation up to and through trial.
The Pragmatic Solution method will guide you through your work with your damages expert and help you develop a well-reasoned analysis that aligns with your liability case.
Richard Bero,
Contributing author to
The Comprehensive Guide to
Economic Damages
This new edition, edited by Bill Scally, Jimmy Pappas, and Steve Veenema, features 50 chapters drawing on the expertise of over
70 financial
experts and attorneys.
The Comprehensive Guide to Economic Damages, 7th Edition combines the economic expert’s knowledge of damages calculations and methods with legal and case analysis. It provides a deep and rich resource for financial experts and attorneys seeking guidance on appropriate remedies and related damages calculations, and addresses many of the problems that may arise in any case. With each successive edition of this guide, the editors and authors have drilled deeper into existing topics, and broadened the scope of damages material covered. The breadth and depth of topics discussed, along with 300 court case digests, makes this guide the most comprehensive body of knowledge relating to economic damages available.
The fifty chapters in this new edition now extend over two volumes. This ever-expanding guide is about financial evidence: how to gather it, interpret it, and tell its story in a lawsuit or litigation setting. Among other topics, three brand new chapters address commercial success, economic damages in cryptocurrency, and lost profits analysis in cannabis establishments. Beginning with the seventh edition, purchasers will be able to access damages-related case digests sourced from BVR’s extensive digest collection digitally, allowing readers to filter by case type, jurisdiction, and court.
