News and Events

The Litigator's Damages Blueprint
The Pragmatic Solution

By Richard F. Bero

"Now available for the first time in print, this book will provide you with a process that our team calls "The Pragmatic Solution" to help you manage your damages case. It offers a structure to engage fully with your damages analysis as you move from early preparation up to and through trial.

"How and where do damages fit in? You may have dealt with damages in cases many times before. Or, possibly, not at all. Whatever your experience, if the case before you involves damages considerations, they may be significant. They may be critical. You and your team will benefit from a structured process for the damages portion of the case.

"This book will guide you to work with your damages expert to develop a well-reasoned analysis
that will align with your liability case."

— Rick Bero, Author

The Definitive Guide

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.

Purchase a Copy

National Economic Damages Virtual Conference

National Economic Damages Virtual Conference

BVR is pleased to announce the National Economic Damages Virtual Conference on May 26-27, 2021. Earn up to 7 CPE credits at this event that brings together the pre-eminent attorneys and expert witnesses who prepare and litigate damages cases.

Drawing directly from the expertise of six editions of The Comprehensive Guide to Economic Damages , BVR is excited to gather the authoritative voices behind the renowned publication.

Rick Bero and Autumn Nero, contributing authors to the newest release of The Comprehensive Guide to Economic Damages (6th Edition), will be presenting at the May 26th program, Noon-1:00 pm (CT). [10:00am - 11:00am (PT) / 1:00pm-2:00pm (ET)]
Join Rick and Autumn while they discuss Intellectual Property Damages and share their rich experience working as experts for over 20 years in these types of litigation matters.

View the agenda, register, and save the date – this virtual event is the one program you won’t want anyone at your firm to miss!.

New ReleaseThe Comprehensive Guide to Economic Damages
(6th Edition)

BVR Economic Damages Guide

Richard Bero, Contributing author to

The Comprehensive Guide to
Economic Damages

This new edition, edited by Nancy J. Fannon, Jonathan Dunitz, Jimmy Pappas, Bill Scally, and Steve Veenema, features 49 chapters drawing on the expertise of nearly 70 financial experts and attorneys.

The Comprehensive Guide to Economic Damages (6th 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. The breadth and depth of topics discussed, along with 300 court case digests, makes the Guide the most comprehensive body of knowledge relating to economic damages available.

You can find Rick Bero's contributing chapters in Volume One,

Part IV. INTELLECTUAL PROPERTY DAMAGES
Chapter 28. Patent Infringement Damages: Lost Profits and Royalties
By Richard F. Bero, CPA/ABV, CVA, CLP, and Autumn N. Nero, Esq.

Chapter 29. Design Patent Damages
By Richard F. Bero, CPA/ABV, CVA, CLP, and Christopher V. Carani, Esq.

Chapter 30. Trade Secret Damages
By Richard F. Bero, CPA/ABV, CVA, CLP, and Jon Margolies, Esq.

Click Here for more Information

Emily Yahnke Joins The BERO Group

Emily Yahnke

May 18, 2021 | NEWS
The BERO Group is excited to welcome Emily Yahnke as the newest member of our team.
Emily is a financial analyst, and she is returning to The BERO Group after previously interning with us in 2016.  In her role, Emily will consult on cases involving economic damages, with a focus on intellectual property and commercial damages.

Emily graduated from Carroll University with degrees in Accounting and Finance.  She joins us after working at a Top 15 public accounting firm, where she focused on audits of manufacturing and distribution companies.

 The Damages Report

Lost Wages

Why Are Lost Wages Certain?
They Aren’t.

By Ronald A. Bero, Jr., CPA/ABV, CVA, CFF
April 2021

I remember years ago my first wrongful death, lost wage (w-2 employee wage) claim. The economist quantified lost wages through the Social Security Administration’s retirement age and “discounted” them back to the present using the total offset method.

I understood the concept of the total offset method. What bothered me, however, was the idea that wages, through retirement age, were as certain (riskless) as a U.S. Government Bond.

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Proximate Cause

Proximate Cause, Foundation and Alignment

By Ronald A. Bero, Jr., CPA/ABV, CVA, CFF
March 2021

While damage experts are usually aware of connecting damages with proximate cause, I am sometimes surprised by how misguided some experts' understanding of it is. Damage experts and attorneys should know that any claimed damages must be proximately caused by the alleged wrongdoing(s). The concept of proximate cause dates back to at least 1858.

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COVID-19 Sunk Costs

Sunk Costs, Capital Obsolescence and COVID-19

By Ronald A. Bero, Jr., CPA/ABV, CVA, CFF
January 2021

In the Capitolism Newsletter, I learned that Josh Hawley berated Walmart in a Twitter Tweet: “… for the pathetic wages you pay your workers as you drive mom and pop stores out of business.”

Mr. Hawley is ignoring the concept of sunk costs and perhaps knows most of us forget the concept often… I can’t sell my house – I have too much sunk into it … The “mom and pop stores” are the sunk costs of the populist right. Mom and pop stores equal Capital Obsolescence as spotlighted and amplified by the COVID crisis, the rule of sunk costs dictates, we ignore them and move on.

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COVID-19 damages

COVID-19 Impacts Discount Rates, Which Impacts Some Damage Calculations

By Ronald A. Bero, Jr., CPA/ABV, CVA, CFF
August 2020

I had a discussion with an attorney recently wherein the topic of COVID-19 and foreseeability arose. In the hypothetical being discussed, the claimed wrongdoing occurred mid-2019 and its economic impact continues today. In mid-2019, COVID-19 was not reasonably foreseeable, so my initial thoughts included the consideration of minimizing or correcting for the COVID-19 economic impact. COVID-19 is novel (you caught the pun there, reader, didn’t you? )

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COVID-19 mask

COVID-19 Impacts Damage Calculations — as may any major macroeconomic factor

By Ronald A. Bero, Jr., CPA/ABV, CVA, CFF
August 2020

I had a discussion with an attorney recently wherein the topic of COVID-19 and foreseeability arose. In the hypothetical being discussed, the claimed wrongdoing occurred mid-2019 and its economic impact continues today. In mid-2019, COVID-19 was not reasonably foreseeable, so my initial thoughts included the consideration of minimizing or correcting for the COVID-19 economic impact. COVID-19 is novel (you caught the pun there, reader, didn’t you? )

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50fish photo

MLC Intellectual Property, LLC v. Micron Technology, Inc.

On June 11, 2020, Jim McGovern, a Senior Director of The BERO Group, along with David Long of Essential Patent LLC, gave a presentation to the IPO Damages Committee. Jim and David discussed damages issues addressed in MLC Intellectual Property, LLC v. Micron Technology, Inc., No. 3:14-cv-03657 (N.D. Cal.), No. 2020-1413 (Fed. Cir.). In 2014, MLC Intellectual Property, LLC (“MLC”) sued Micron Technology Inc. (“Micron”) for patent infringement of U.S. Patent No. 5,764,571 (the “ ‘571 patent”). The ‘571 patent generally related to non-volatile memory devices. MLC alleged that certain Micron flash memory products, that could be used in consumer products including tablet computers, personal music players, smart phones and other wireless devices, infringed the ‘571 patent.

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CDC COVID-19 Virus

Will COVID-19 Pandemic Shutdowns Trigger Business Interruption Insurance Coverage?

By James L. McGovern, CPA/CFF, CVA, Fellow
May 2020

Mandatory state shut down orders may trigger business interruption coverage if a Pennsylvania Court’s interpretation is widely accepted. With thousands of businesses around the world being shutdown pursuant to government mandates designed to slow transmission of to the COVID-19 virus, many business owners are looking to their insurance policies for a lifeline.

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Copyright Infringement

U.S. Supreme Court rules Willful Infringement is not Required for Award of Defendant’s Profits for Trademark Infringement.

By James L. McGovern, CPA/CFF, CVA, Fellow
April 2020

In a unanimous decision on April 23, 2020, ruling in the matter of Romag Fasteners Inc. v. Fossil Inc. et. al., case number 08-1233, the U.S. Supreme Court ruled that the Lahnam Act does not require a finding of willful infringement in order for a trademark owner to receive an award of lost profits.

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The BERO Group Expands to Chicago

Celebrating the launch

The BERO Group has expanded and opened a new office in Chicago. Located in the financial district of The Loop at 200 W. Jackson Boulevard, Suite 1300, we aim to provide our Chicago clients greater accessibility to our team.

"Chicago is a natural expansion choice for our team and our clients," says Rick Bero, Managing Director of The BERO Group. "Our team has worked with Chicago and Illinois attorneys and businesses for many years. It's the perfect time for us to have a local team on the ground to serve our many Chicago and Illinois clients. We could not be more excited about our new team members. They are all are outstanding, and, importantly for us, embrace our firm culture and personalities. We know they will contribute, and help expand The BERO Group's standards of excellence."