M International (M) and W Inc. (W), a competitor of M, have been engaged in long-standing litigation over a specific patent infringement matter. Below is a summary timeline of specific events that have taken place related to this matter: In May 2017, W filed a claim against M for patent infringement. For the year ended December 31, 2017, management of M determined that a loss for this matter was probable and represented that the estimate of loss was in the range of $15 million to $20 million, with $17 million being the most likely amount of loss within the range. A jury trial took place in September 2019. The jury reached a verdict on September 24, 2019, and a judgment was ordered in favor of W. The judgment required M to pay W $18.5 million. In November 2019, M filed a Notice of Appeal with the Court of Appeals. In December 2020, the Court of Appeals issued a ruling in favor of Ms appeal and reversed the lower courts ruling on the matter. This meant that the Court of Appeals overturned the jury verdict and the $18.5 million judgment against M. On January 6, 2021, W filed a petition for a re-hearing before the same panel of appellate judges against the reversal of ruling by Court of Appeals. On February 10, 2021, the appellate judges declined the petition for a re-hearing. On February 28, 2021, management of M determined this matter was closed upon discussions with in-house legal counsel.

Q1: What amount should M include in its financial statements for 2017? Address the amount to record as a liability on the balance sheet as well as any required disclosure notes.

Q2: What (financial) impact do the events of 2019 have on the financial statements of 2019? If a contingency loss is to be reported, what is the amount, and is that amount an expense in 2019 or an earlier year?

Q3: Should M record the reduction of the previously recorded loss contingency in 2020 or 2021?

Tips for Q3:

1. ASC 450 does not provide specific guidance related to the subsequent accounting of loss contingencies. Look to an analogous situation, specifically environmental liabilities discussed in ASC 410-30-30. Environmental liabilities are a type of loss contingency.

2. Think twice before treating this as a gain contingency. Before you go in that direction, read the definition of gain contingency described in ASC 450-30-20.