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.
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 $297.00
Includes full event recording plus handouts.
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, NJ, 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 firstname.lastname@example.org to place your order.
Recorded Webinar Download $297.00
Recorded Audio Download (MP3) $297.00
DVD (Slide Presentation with Audio) $297.00 plus $9.45 S&H
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.
CLE Credits By State
Presentations were excellent. I especially benefited from the question and answer session, as the speakers addressed actual situations that affect many of us.
Strafford webinars are a great service and very interesting. Well done. I look forward to future topics.
Carter Mario Injury Lawyers
I liked the combined depth of information and speed of presentation. Well done!
The seminar featured very knowledgeable presenters on an extremely important topic.
Strafford webinars are easy to use and I like to follow the program online.
Litigation Advisory Board
O’Melveny & Myers
Vandenberg & Feliu
Capes Sokol Goodman & Sarachan
Baker & Hostetler
Akin Gump Strauss Hauer & Feld
Deloitte Financial Advisory Services
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.