Lost Profits in Commercial Litigation: Proving and Defending Damages

Leveraging Calculation Methodologies, Documentation and Expert Evidence

A live 90-minute CLE webinar with interactive Q&A


Tuesday, January 31, 2017 (in 13 days)
1:00pm-2:30pm EST, 10:00am-11:30am PST

Early Registration Discount Deadline, Friday, January 20, 2017


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.

Description

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.

Outline

  1. Framework for lost profits damages
  2. Evidence/documentation
  3. Quantification of lost profits damages
  4. Presentation of lost profits damages
  5. Defending against lost profits damages

Benefits

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?

Faculty

D. Mitchell McFarland, Shareholder
Munsch Hardt Kopf & Harr, Houston

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, Houston

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.


Live Webinar

Live Webinar $247.00

Includes Early Discount Savings of $50.00 (through 01/20/17)

Add a colleague on the same connection in the same room for only $97.00 in the shopping cart or by calling customer service.

This webinar is eligible for at least 1.5 general CLE credits.

CLE credits are not available for PR.

*In KS, OH, PA, for more than 1 attendee on the connection you must contact Strafford CLE via email or call 1-800-926-7926 ext. 35 prior to the program for special instructions.


Recordings

CLE On-Demand - Streaming Video

Includes recorded streaming video of full program plus PDF handouts.

On-demand is the only recorded format recognized for CLE credits in DE, IN, KS, LA, MS, NC, OH, OK, SC, TN, VA, WI.

AK, AZ, CA, CO, CT, DE, FL, GA, HI, IA, ID, IL, IN*, KS, KY, LA, ME, MN, MO, MT, NC, ND, NH**, NJ, NM, NV, NY, OH*, OK, OR, PA, SC, TN, TX, UT, VA, VT, WA, WI, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

*Only available for attorneys admitted for more than two years. For OH CLE credits, only programs recorded within the current calendar year are eligible - contact the CLE department for verification.

**NH attendees must self-determine if a program is eligible for credit and self-report their attendance.

CLE On-Demand Video $247.00
Available 48 hours after the live event

Includes Early Discount Savings of $50.00 (through 01/20/17)

How does this work?


Recorded Event

Includes full event recording plus handouts (available after live webinar).

Strafford is an approved provider and self-study CLE credit is available in most states.

AK, AZ, CA, CO, CT, FL, GA, HI, IA, ID, IL, KY, ME, MN, MO, MT, ND, NM, NY, OR, PA, TN, TX, UT, VT, WA, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

Strafford will process CLE credit for one person on each recording.

Additional copies of a recording can be purchased at a discount. Please call Strafford Customer Service toll-free at 1-800-926-7926 ext 10 or email customerservice@straffordpub.com to place your order.

Recorded Webinar Download $247.00
Available 48 hours after the live event

Includes Early Discount Savings of $50.00 (through 01/20/17)

How does this work?

Recorded Audio Download (MP3) $247.00
Available 24 hours after the live event

Includes Early Discount Savings of $50.00 (through 01/20/17)

How does this work?

DVD (Slide Presentation with Audio) $247.00 plus $9.45 S&H
Available ten business days after the live event

Includes Early Discount Savings of $50.00 (through 01/20/17)

How does this work?


Registration Plus Recorded Event

Best value!

Live Webinar & Webinar Download $344.00

Includes Special Savings of $250.00 (through 01/20/17)

Live Webinar & Audio Download $344.00

Includes Special Savings of $250.00 (through 01/20/17)

Live Webinar & DVD $344.00 plus $9.45 S&H

Includes Special Savings of $250.00 (through 01/20/17)


Webinar

Strafford webinars offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program).  Please note that our webinars do not feature videos of the presenters.

Early Registration
Discount Deadline
January 20, 2017
(2 days)

or call 1-800-926-7926

Can't Attend the Live Program?

CLE Credits By State

See CLE State Map >

or call 1-800-926-7926

Customer Reviews

I liked that practice tips were given from both a plaintiff's and defendant's aspect.

Nikki Little

Fitch Even Tabin & Flannery

I liked that the program offered practical information rather than the usual theoretical.

Debbie Lacey

Bracewell & Giuliani

The speakers were well versed and kept my attention throughout the program.

Natalie Kossak

Independent Fiduciary Services

I appreciated the speakers' practical suggestions on an important topic.

Erica Dominitz

Kilpatrick Townsend & Stockton

Strafford's program provided practical, 'in the trenches' advice.

Connie Vasquez

Pepper Hamilton

or call 1-800-926-7926

Litigation Advisory Board

David R. Cohen

Partner

Reed Smith

Jeffrey J. Fowler

Counsel

O’Melveny & Myers

Jonathan Evan Goldberg

Partner

Vandenberg & Feliu

Mark E. Goodman

Shareholder

Capes Sokol Goodman & Sarachan

Dean D. Hunt

Partner

Baker & Hostetler

Michael E. Lackey, Jr.

Partner

Mayer Brown

Stephen Paffrath

Associate

Greenberg Traurig

Anthony T. Pierce

Partner

Akin Gump Strauss Hauer & Feld

Robert B. (Barry) Wiggins

Director

Deloitte Financial Advisory Services

or call 1-800-926-7926

Our Guarantee

Strafford webinars are backed by our 100% Unconditional Money-Back Guarantee: if you are not satisfied with any of our products, simply let us know and get a full refund. For more information regarding complaints and refunds, please contact us at 1-800-926-7926 ext 10. Complaints regarding this program can be submitted via the course evaluation found in the “Thank you” e-mail at the end of the course.