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
This CLE course 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 using this approach to prove or defend against a lost profits damages claim. They will also discuss the impact of the COVID pandemic in establishing or defending against lost profit claims, a critical issue for attorneys and experts when moving forward with commercial damages claims.
- Framework for lost profits damages
- Quantification of lost profits damages
- Presentation of lost profits damages
- Defending against lost profits damages
- Impact of COVID
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 critical COVID impacts on lost profits claims?
Derrick S. Boyd
Boyd Powers Williamson
As a founding partner of BPW, Mr. Boyd focuses on business disputes, including bank fraud, lender liability, unfair... | Read More
As a founding partner of BPW, Mr. Boyd focuses on business disputes, including bank fraud, lender liability, unfair competition cases, intellectual property disputes (patents, trademarks, and trade secrets), contractual disputes, and antitrust violations. He is certified by the Texas Board of Legal Specialization in Civil Trial and has practiced in the State and Federal Courts of Texas as well as numerous other state and federal courts.Close
Ahmad Zavitsanos Anaipakos Alavi & Mensing
Mr. Byrd is a trial lawyer who represents plaintiffs and defendants in commercial and intellectual-property cases... | Read More
Mr. Byrd is a trial lawyer who represents plaintiffs and defendants in commercial and intellectual-property cases involving breach of contract, fraudulent transfer and veil-piercing, trade-secret misappropriation, covenants not to compete, and employment disputes. As lead counsel, he has succeeded for his clients at each stage of litigation, including trial, requests for emergency and permanent injunctive relief, and motion practice.Close
Joseph W. Lesovitz, CPA/ABV/CFF, CFA, CFE
Partner, Litigation and Advisory Services
Mr. Lesovitz is a partner in the Valuation and Forensic Services Practice. With over 15 years of experience, he... | Read More
Mr. Lesovitz is a partner in the Valuation and Forensic Services Practice. With over 15 years of experience, he specializes in calculating damages in complex commercial litigation and in providing financial consulting and forensic accounting services to attorneys, public and private corporations, insurance companies, and governmental agencies. Mr. Lesovitz has been qualified as an expert and presented testimony in depositions and trials in federal court, state court, and arbitration.Close
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
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.Close