Lost Profits in Commercial Litigation: Proving and Defending Damages
Leveraging Calculation Methodologies, Documentation and Expert Evidence
Recording of a 90-minute CLE webinar with Q&A
Conducted on Tuesday, January 31, 2017
Recorded event now available
This CLE webinar will provide litigators with an overview of how financial experts quantify lost profits to help them understand the framework, bases and aspects of lost profits damages calculations. The panel will explain how to use this approach to prove or defend against a lost profits damages claim.
The battle over lost profits damages in commercial litigation is contentious and can involve significant damages awards (e.g. Alaska Rent-A-Car v. Avis Budget Group, Arthur J. Gallagher v. Babcock). Lost profits are often the single largest aspect of the plaintiff’s claim, but also one of the most difficult types of damages to prove and are particularly susceptible to attack.
In the duel over lost profits damages, both sides introduce experts to analyze and present complex financial documentation. Plaintiff’s experts must put forth damages studies that are credible and able to withstand battering from the opposition.
Defense counsel must then determine how best to counter the plaintiff’s damages claim. This is a difficult balancing act between defending against liability and discrediting the plaintiff’s numbers as presented through a defense expert.
Listen as our panel of attorneys and damages specialists discusses the framework, bases and aspects of lost profit damages calculations, and how to prove or defend against lost profit damages.
- Framework for lost profits damages
- Quantification of lost profits damages
- Presentation of lost profits damages
- Defending against lost profits damages
The panel will review these and other key issues:
- What is the latest case law on lost profits damages?
- What evidence and documentation are necessary to prove and defend lost profits damages claims?
- What methodologies can be used to establish lost profits damages?
D. Mitchell McFarland, Shareholder
Munsch Hardt Kopf & Harr,
Mr. McFarland takes complex business cases to trial and handles them successfully. His practice covers complex commercial litigation, products liability claims, construction litigation and personal injury litigation. He was named a Texas Super Lawyer in Business Litigation and he is a frequent speaker on business litigation and lost profits claims and has published several articles on those issues.
Jeff W. Spilker, Owner
Hill Schwartz Spilker Keller,
Mr. Spilker specializes in financial forensics, economic damage analysis, and real estate and business valuation. He leads the firm's real estate consulting and construction advisory practice. He has provided expert testimony on more than one hundred matters involving financial and valuation issues in federal district court, United States bankruptcy court, and arbitration settings.
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