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M International Loss Contingency

In:

Submitted By kelkins
Words 973
Pages 4
Memo
To: M International
From:
-------------------------------------------------
Re: Loss Contingency Recognition and Reversal

Background
The company has been engaged in a dispute over a long-standing litigation with W Inc. The dispute involves a specific patent infringement matter. In May 2007, W Inc. filed a claim against the company for patent infringement and management determined that a loss was probable and estimated it would be between $15 million and $20 million, with $17 million being the most likely amount of loss within the estimated range (December 31, 2007). In September 2009, a jury trial took place for the litigation involving the company and W Inc. A verdict for the trial was reached; a judgment was ordered that the company pay W Inc. $18.5 million on September 24, 2009. The company filed for a Notice of Appeal with the Court of Appeals in November 2009 and in December 2010, the Court of Appeals issued a ruling that reversed the previous order of $18.5 million to W Inc. W Inc. petitioned for a rehearing before the same panel of the Court of Appeals judges on January 6, 2011 against the company’s reversal, but the panel decided against the rehearing and declined W Inc.’s request. Management, along with in-house legal counsel, determined the matter with W Inc. was final on February 28, 2011.
Issues
1. What amount should the company recognize as a liability for the year ending December 31, 2007? 2. Should the company adjust its liability if the actual amount is different that the estimated amount and in what year’s financial statements will that adjustment be in? 3. When should the company record the reversal of the loss contingency by the Court of Appeals?
Guidance
Issue 1
ASC 450-20-25-1 says “When a loss contingency exists the likelihood that the future event or events will confirm the loss or impairment of an asset or the

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