Lost Profits in Commercial Litigation: Proving and Defending Damages

Leveraging Calculation Methodologies, Documentation, and Expert Evidence

Recording of a 90-minute CLE video webinar with Q&A


Conducted on Wednesday, March 10, 2021

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. They will also discuss the impact of the COVID-19 pandemic in proving or defending against lost profit claims, a critical issue for attorneys and experts when moving forward with commercial damages claims.

Description

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. They will also discuss the impact of the COVID-19 pandemic in proving or defending against lost profit claims, a critical issue for attorneys and experts when moving forward with commercial damages claims.

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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
  6. Impact of COVID-19

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?
  • What are the key COVID-19 impacts on lost profits claims?

Faculty

Boyd, Derrick
Derrick S. Boyd

Founding Partner
Boyd Powers Williamson

As a founding partner of BPW, Mr. Boyd focuses on business disputes, including bank fraud, lender liability, unfair...  |  Read More

Needham, Allyn
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

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Strafford will process CLE credit for one person on each recording. All formats include program handouts.

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