Lost Profits in Commercial Litigation: Proving and Defending Damages
Leveraging Calculation Methodologies, Documentation, Expert Evidence, and Effect of COVID
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will show litigators how financial experts quantify lost profits so that trial counsel can understand the framework, bases, and aspects of a lost profits damages calculation, and then use those figures and calculations to prove or defend against a lost profits damages claim. The panel will also discuss how the COVID pandemic and its consequences still affect establishing or rebutting the existence and amount of lost profits in commercial litigation.
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 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 consequences of the COVID pandemic on lost profits claims?
- What is the most recent case law about lost profits?
- Does it matter whether the damages alleged are general or special?
Faculty
Cameron Byrd
Attorney
Ahmad, Zavitsanos & 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.
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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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