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:
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.
4:45 - 5:00pm |
Registrations & Refreshments
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5.00 - 5.10pm |
Opening Remarks by Moderator
Ms. Meryl Koh - Director, Dispute Resolution & Intellectual Property, Drew & Napier LLC
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5:10 - 6:10pm |
Ex Ante and Ex Post Assessments of Damages - Crystal Balls vs. Rearview Mirrors?
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6:10 - 6:30pm |
Moderated Panel Discussion and Q & A |
6.30 - 7.00pm |
Networking Buffet |
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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. |
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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.” |
MEMBERSHIP |
Fees
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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
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