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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 program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, March 14, 2023

Recorded event now available

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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.


Lost profits are often the single most substantial aspect of the plaintiff's claim as well as one of the most contentious, challenging types of damages to prove and are particularly susceptible to attack.

In the duel of experts over lost profits damages, both sides will want to analyze and present complex financial documentation as clearly and concisely as possible. Plaintiff's experts must put forth damages studies that are credible and can withstand cross examination 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 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?


Byrd, Cameron
Cameron Byrd

Ahmad, Zavitsanos & Mensing

Mr. Byrd is a trial lawyer who represents plaintiffs and defendants in commercial and intellectual-property cases...  |  Read More

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

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