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IN-PERSON SEMINAR: Ex Ante and Ex Post Assessments of Damages – Crystal Balls vs. Rearview Mirrors? (19 Sept 2024, 5.00pm - 6.30pm (GMT +8))
Thursday 19 September 2024, 05:00pm - 06:30pm
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Seminar Synopsis

When quantifying damages that accumulate over an extended period—be it years, months, weeks or even just days—two crucial questions often come up:

  1. What information can be used in the assessment?
  2. How can we best convert a series of ongoing losses into a single lump sum?

To address these questions, two principal methods are commonly used: the ex ante approach and the ex post approach.

Ex Ante Approach: Ignoring Hindsight Information

The ex ante approach calculates losses based on information available at the time of the breach. This method avoids using any information that became available after the breach, being commonly termed ‘hindsight information’.  Typically, a discounted cash flow (DCF) model is employed to discount the series of losses back to their present value at the time of the breach.

Ex Post Approach: Incorporating All Information

Conversely, the ex post approach utilises all information available up to the trial date, including data obtained after the breach.  This approach aims to provide a more accurate reflection of actual losses by incorporating post-breach developments and outcomes.  Similar to the ex ante approach, a DCF model is used, but here the losses are discounted to their present value at the time of the trial

Hybrid Approach: Combining Perspectives

In some jurisdictions, courts may adopt a hybrid approach. This starts with an ex ante assessment but allows for the inclusion of some post-breach information. This method seeks to balance the predictive nature of ex ante calculations with the accuracy provided by ex post data.

This seminar will compare and contrast these 3 approaches.

Programme

4:45 - 5:00pm

Registrations & Refreshments
5.00 - 5.10pm
Opening Remarks by Moderator
Ms. Meryl Koh - Director, Dispute Resolution & Intellectual Property, Drew & Napier LLC
5:10 - 6:10pm
Ex Ante and Ex Post Assessments of Damages - Crystal Balls vs. Rearview Mirrors?
  • Mr. Iain Potter - Executive Vice President, J.S. Held LLC
  • Mr. Oliver Watts – Partner, Osborne Partners
6:10 - 6:30pm

Moderated Panel Discussion and Q & A

About the Speakers

 

Mr. Iain Potter - Executive Vice President, J.S. Held LLC

Iain Potter is a Chartered Accountant, qualified in both the UK (ICAEW) and Singapore (ISCA), specialising in complex loss of profit and valuation engagements and he has been based in Singapore since 2014. Iain is recognised as a leading expert by Who’s Who Legal, with clients praising his "matter-of-fact approach to drafting reports and giving testimony", adding that "He is a fantastic expert witness for quantum, valuation and forensic accounting." Outside of his expert appointments, Iain is a member of the adjunct faculty at the National University of Singapore’s Business School, where he lectures on damages quantum and business valuation disputes. He is also pursuing a number of lines of research, currently including a PhD focusing on the extent to which awards of damages reflect risk and uncertainty.

 

Mr. Oliver Watts – Partner, Osborne Partners

Oliver Watts is a Partner at Osborne Partners, and head of the Singapore Office. He is a chartered accountant and Chartered Financial Analyst designation. Oliver specialises the assessment of quantum, financial, economic and valuation issues in contentious and non-contentious matters. He has broad experience in shares and business valuation, including in the context: intellectual property disputes, shareholder and joint venture disputes, private equity investments and investment treaty claims. Oliver has been appointed as an expert over 20 times in Court proceedings and international arbitrations in Singapore and internationally. He has testified before Courts and Tribunals on multiple occasions.  He is identified as a ‘ Most Highly Regarded’ Future Leader in Who’s Who Legal’s latest list of arbitration expert witnesses.

About the Moderator

 

Ms. Meryl Koh - Director, Dispute Resolution & Intellectual Property, Drew & Napier LLC

Meryl Koh is a Director at Drew & Napier in both the Dispute Resolution and IP departments and has been noted as a leading up-and-coming litigator by many prestigious legal ranking publications. Meryl’s distinctive competency leads her to act in many complex local and cross-border litigation and arbitrations involving infringement of patents, trademarks and copyright, passing off, breaches of confidential information, oppression, breach of director’s duties, defamation and employment. Her clients include high net worth individuals, listed companies as well as international and household names in the hospitality, media, eSports and gaming, F&B, technology, agriculture, resources and pharmaceutical industries. Meryl is dual-qualified in Singapore and Australia and a fellow of the Singapore Institute of Arbitrators. Lauded as a “virtuoso in civil and commercial litigation” and an “excellent strategist”, clients described Meryl as a “sharp and appropriately aggressive lawyer whom you will want on your side.” 

Registration Fees

 MEMBERSHIP 
Fees

APIEx Members

S$50

Member of:

1. Association of Certified Fraud Examiners (ACFE)

2. Chartered Institute of Arbitrators (CIArb)

3. Chartered Institute of Building (Singapore) (CIOB)

4. Institute of Singapore Chartered Accountants (ISCA)

5. Institute of Valuers and Appraisers, Singapore (IVAS)

6. Lighthouse Club Singapore (LHC(S))

7. Singapore Chamber of Maritime Arbitration (SCMA)

8. Singapore Chartered Tax Professionals (SCTP)

9. Society of Construction Law (Singapore) (SCL(S))

10. Singapore Institute of Arbitrators (SIArb)

11. Society of Trust and Estate Practitioners (Singapore Branch) (STEP (Singapore Branch))

S$70
Expert on IPOS’ List of Experts S$70 
Participant from Corporate Member or Sponsor of International Valuation Standards Council (IVSC) Asia S$70 
Others S$90

Download Brochure HERE.

Registration Closing Date: 12 September 2024

Continuing Professional Development

Practice Area: Professional Skills
Training Level: Update
Public CPD Points: 1.5 

 

 

 

Location MND Building Annexe A – Function Room, 9 Maxwell Rd, Singapore 069112

SILE Attendance Policy

Participants who wish to obtain CPD Points are reminded that they must comply strictly with the Attendance Policy set out in the CPD Guidelines. For this activity, this includes signing in on arrival and signing out at the conclusion of the activity in the manner required by the organiser, and not being absent from the entire activity for more than 15 minutes. Participants who do not comply with the Attendance Policy will not be able to obtain CPD Points for attending the activity. Please refer to http://www.sileCPDcentre.sg for more information.


Please register for this event using the online form below.

If you are also registering guest(s), please complete the form for yourself and select "Yes" to register yourself first, and then select "Add Guest" at bottom of the online form.

Registration, Refund & Cancellation Policy

By completing the online registration form, Event registrants confirm their acceptance of the following Terms and Conditions:

  1. Places at the Event are limited and will be allocated by the Organiser at its discretion based on various criteria and in order of priority upon receipt of registration and all payments due.
  2. The Organiser reserves the right to update or amend the details of the programme and/or the speakers without prior notice.
  3. The Organiser reserves the right to refuse to register or admit any participant, and to cancel or postpone the Event.
  4. No refunds will be made for cancellations or no-shows by registrants. However, a confirmed registrant who has paid the registration fees but does not turn up for the Event will be entitled to a set of the materials provided, if any.
  5. If any registrant is unable to attend the Event, an equivalent substitute may attend instead at no extra charge, provided that at least 3 days prior written notice is given to the Organiser. All such requests will be considered at the Organiser’s discretion and subject to any applicable top-up in fees.
  6. Holding of any in-person Event may be subject to the approval of any relevant government authorities for public health or other reasons.
  7. In-person attendees at the Event must abide by any relevant public health or other measures imposed by the Government, the Event venue and the Organiser.
  8. The Organiser encourages any registrant displaying any COVID-19 symptoms to perform self-testing. Any registrant who tests positive is encouraged not to attend the Event and inform to the Organiser accordingly.
  9. As of 10 October 2022, the Vaccinated Differentiation Safe Management Measures (VDS) have been fully lifted in Singapore and the Organiser will no longer be requesting the verification of COVID-19 vaccination status for entry to the Event. However, in the lead-up to the Event, the Organiser will monitor the situation closely and be in touch again should there be further changes to the prevailing national guidelines.
  10. Mask wearing is optional at all times during the Event. Please practice good personal hygiene, including frequent washing of hands and use of hand sanitisers.
  11. Event registrants confirm that all details submitted in the Event registration form are true and accurate.
  12. By completing this form, Event registrants fully consent to the collection, use and disclosure of their personal data as appears in any form, document or electronic template, by the Organiser. [CLICK HERE TO READ OUR PRIVACY POLICY]
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