Valuation of investor securities is a necessary process for almost all securities litigations commenced by an investor. Whether the investor seeks redress for being squeezed out of a company through insider-led schemes to conceal operations or financial information, or the investor is precluded from engaging in a corporate takeover by an intermediary such as a broker dealer, the investor will need to show what it would have been entitled to “but for” the misconduct of his defendants.
Presenting that “but for” in a manner that will convince a judge or jury is always a complex task—and all the more so when essential information is not readily available in public sources. This article will explore the proofs that an investor must develop to win a damage award accepting the investor’s “but for” calculation—even when obtaining the underlying information requires unusual diligence.
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