Lost Profits in Commercial Litigation: Proving and Defending Damages

Leveraging Calculation Methodologies, Documentation, Expert Evidence, and Effect of COVID

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.

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
Strafford and HB Logos

On Demand CLE Webinar

A Strafford production specially selected for HB audiences.

Speakers

Derrick Boyd
Founding Partner
Boyd Powers Williamson

Cameron Byrd
Attorney
Ahmad Zavitsanos Anaipakos Alavi & Mensing

Dr. Allyn Needham, Ph.D., CEA
Partner
Shipp Needham Economic Analysis

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?