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, August 7, 2018

Recorded event now available

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Program Materials

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. Lost profits are often the most substantial aspect of the plaintiff’s claim, one of the most challenging 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 can withstand battering from the opposition.

In determining how best to counter the plaintiff’s damages claim, defense counsel faces a delicate balancing act between defending against liability and discrediting the plaintiff’s numbers as presented through a defense expert.

Listen as our panel discusses the framework, bases and aspects of lost profit damages calculations, and how to prove or defend against lost profit damages.



  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


The panel will review these and other crucial 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?


Newman, Zachary
Zachary G. Newman

Hahn & Hessen

Mr. Newman represents public and private companies, national banking associations, commercial lenders, leasing...  |  Read More

Rievman, Joshua
Joshua D. Rievman

Cohen Tauber Spievack & Wagner

Mr. Rievman specializes in the litigation and arbitration of commercial disputes. He has successfully represented...  |  Read More

Wertz, Lee
B. Lee Wertz

Munsch Hardt Kopf & Harr

Mr. Wertz is a trial lawyer with broad experience ranging from catastrophic personal injury to complex commercial...  |  Read More

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