David Gulley

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Gold Market Manipulation and Litigation

Who are the parties affected by Gold Market and Gold Price Manipulation and Litigation? Everyone owns gold — it’s in many electronics products, and of course there’s jewelry. Some gold owners are also gold investors. This post examines some of the unusual considerations in identifying who might have been harmed by gold market manipulation and […]

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Blockbuster and Unicorn: The Flaw of Averages

There are three kinds of blockbuster markets – which is yours? Comparing revenue spreads among films, books, and other cultural products offers lessons for other blockbuster markets, too. Financial backers need to know that on average they’ll make money. But it’s a scientific fact that the true average is unknowable in some blockbuster markets. Does that […]

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The Martian as Accidental Entrepreneur

What lessons does “The Martian” teach the Earth-bound Entrepreneur? Unless you’ve been stuck yourself on Mars, you’ve doubtless seen or heard about the film The Martian. And you may know, the film is based on a novel (by Andy Weir) which was turned down by every literary agent and every publisher on Earth, and perhaps […]

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What I do as an “Expert Witness”

People ask me what Expert Witnesses actually do. That depends. In TV and films, they usually testify about crime scenes. Everybody’s favorite expert witness in film, I suppose, is Marisa Tomei in “My Cousin Vinny.” Some of what you see there is on-target: the ‘voir dire’ on qualifications, the lawyer’s use of an expert witness […]

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Class Certification Battles

“Best in Class: Focus on Class Certification Battles in Light of Recent Rulings” This roundtable program on class certificationwill take place at the A.B.A. Section Annual Conference in New Orleans on Thursday, April 17, from 1:45-2:45 pm. The description reads: “As legal teams re-think their approaches to certification in light of recent SCOTUS and Courts of […]

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Entrepreneurs vs. Gatekeepers

Between you entrepreneurs and your ultimate customers are the Gatekeepers – people and institutions with the power to filter you out, or let you pass through, or help you make a remarkable entrance. There are billionaire business founders whose principal business acumen lay in knowing how to work the Gatekeepers. But other business founders, well, […]

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What I Learned from Game of Thrones

Game of Thrones – I admit I’m a fan. Recently, I’ve been rereading the books and comparing them to the HBO series, wondering what I can learn from them.  I don’t know how many of these are the right lessons, or how many of them might resonate with you. But here goes: 1. Even in […]

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Putting the Market back in Fair Market Value

Going beyond arithmetic in expert testimony on Fair Market Value by considering the market and the context of the transaction Fair Market Value and its variants are used for many accounting and valuation purposes, and often appear in testimony related to damages in courts. This legal doctrine is commonly applied to real estate and other […]

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Finding the Original in a World of Sameness

Finding new ideas is hard work, and our tools aren’t helping. “Seek and ye shall circle back to sameness.” One of the early promises of the Internet was the opportunity for unique voices to be heard. Bands with talent but no audience, perceptive but unknown writers, solitary voices singing sweetly in the wilderness—somehow, they’d be […]

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Publishing Genres and “The Lost Island”

Are publishing genres morphing, as fantastic and sci-fi elements become more commonplace? If so what does that say (if anything) about our culture or selling stories into our culture? I read the new bestseller, The Lost Island by Preston & Child, and started to think about what this book says about publishing genres in Story […]

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