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
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.
Outline
- Framework for lost profits damages
- Evidence/documentation
- Quantification of lost profits damages
- Presentation of lost profits damages
- Defending against lost profits damages
Benefits
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?
Faculty

Dr. Allyn Needham, Ph.D., CEA
Partner
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
Dr. Needham has been a partner and testifying expert at Shipp Needham Economic Analysis, LLC since 1997. During that time he has testified in cases involving personal injury, wrongful death, employment matters, commercial damages, business valuation, and matters relating to Chapter 11 bankruptcies. For personal damages litigation, Dr. Needham has expertise in calculating lost earning capacity, lost expected earnings, lost economic support, lost household services, and the present value of future medical expenses. For commercial damages, he has estimated lost profits, past and future out-of-pocket expenses, and lost business value. Dr. Needham has testified on behalf of attorneys representing plaintiffs and defendants in both state and federal courts and FINRA arbitrations. He has testified at trials or hearings in Texas, Oklahoma, Arkansas, Missouri, Illinois, Mississippi, California, Alaska and Washington D.C.
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Jeffrey C. Totten
Partner
Finnegan Henderson Farabow Garrett & Dunner
Mr. Totten focuses his practice on patent and trade secret litigation, post-grant validity challenges, and client... | Read More
Mr. Totten focuses his practice on patent and trade secret litigation, post-grant validity challenges, and client counseling in the mechanical and electrical fields. He has extensive experience managing litigation teams involved in complex intellectual property disputes, developing and briefing claim construction and summary judgment positions. His litigation practice includes representing clients in post-grant review (PGR) proceedings. His work includes coordinating PTAB proceedings and ongoing district court litigation.
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