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 Wednesday, September 25, 2019

Recorded event now available

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Program Materials

This CLE webinar will provide trial counsel 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 a 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?


Needham, Allyn
Dr. Allyn Needham, Ph.D., CEA

Shipp Needham Economic Analysis

Dr. Needham has been a partner and testifying expert at Shipp Needham Economic Analysis, LLC since 1997. During that...  |  Read More

Totten, Jeffrey
Jeffrey C. Totten

Finnegan Henderson Farabow Garrett & Dunner

Mr. Totten focuses his practice on patent and trade secret litigation, post-grant validity challenges, and client...  |  Read More

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