Determining Lost Profits Damages: Effective Tools and Best Practices in 2019
The past years have seen the struggle of patent owners and their counsel when it comes to quantifying the estimated cost of their lost profit damages. Along with the continuously shifting and increasingly complex regulatory landscape, they are faced with added burden, thus, posing a potential for risk issues. To mitigate these risks, it is a must that experts are abreast of the recent developments. They should also be well-versed in the process of assessing, calculating, and presenting lost profit damages to avoid pitfalls.
Join a panel of key thought leaders and professionals assembled by The Knowledge Group as they provide the audience with an in-depth analysis of lost profit damages. Speakers will also discuss best practices and effective tools in proving and defending against lost profit damages.
This LIVE Webcast will discuss the following key provisions:
- Lost Profit Damages – An Overview
- Methods of Calculating Lost Profits
- Presentation of Calculations
- Litigation Tips and Strategies
- Potential Risk Issues
Jules H. Kamin, President
- Basic Framework of an Analysis of Lost Profits
- Two Worlds: "But For" and "With Incident"
- Calculation of Damages: Past and Future
Stan Murphy, Senior Managing Director
Jeff Litvak, Senior Managing Director
Clara Chin, Managing Director
- Our Role as Damage Experts
- Damage Theory: Damage Measures and Approaches
- Ex Ante vs Ex Post approach
- Assumptions – Very Critical in any Damages Analyses
- Financial Statement and Ratio Analysis
- Business Valuation (destruction of business damages)
- Case Study – Calculation of Lost Profits (ABS)
Dr. Jules H. Kamin has practiced forensic economics since 1987. He has been retained in 750 cases and has testified in 100 trials and arbitrations for both plaintiffs and defendants. Dr. Kamin received an M.B.A. and Ph.D., concentrating in business economics, finance and management science, from the University of Chicago Graduate School of Business, recognized as one of the leading business schools. He also earned a B.A.Sc. in engineering physics and an M.A. in economics from the University of Toronto, ranked in the top ten universities. Dr. Kamin taught finance in the graduate business schools of UCLA and USC. Before consulting in litigation, Dr. Kamin held positions in industry, economic consulting and finance, including as vice president and manager of industry economics for First Interstate Bancorp.
Dr. Jules H. Kamin has practiced forensic economics since 1987. He has been retained in 750 cases and has testified …
Stan Murphy is a Senior Managing Director in Ankura's Tampa office. He has over 40 years of experience including 25 years’ experience in forensic accounting/fraud investigations, economic analyses, business damages, financial consulting and accounting services in troubled company workouts and Bankruptcies. He was a partner with PricewaterhouseCoopers with responsibilities including serving as one of five national partners with functional responsibility for the firm’s health care fraud and abuse services and co-chair of firm’s task force responsible for coordination of all corporate integrity agreement services. His prior experience includes 13 years of “big 4” auditing and accounting experience providing accounting, auditing, and special services to clients in numerous industries. He has provided expert witness testimony in forensic accounting and investigations, Chapter 11/reorganization, business valuations, insolvency analysis, avoidance actions, damages analyses, wrongful death, personal injury, employment litigation, post-acquisition disputes, alter ego, intellectual property, agribusiness, partnership/shareholder disputes and eminent domain.
Stan Murphy is a Senior Managing Director in Ankura's Tampa office. He has over 40 years of experience including 25 …
Jeff Litvak is a senior managing director in the FTI Consulting forensic and litigation segment and is based in Chicago. Mr Litvak is a certified public accountant (CPA), accredited in business valuation (ABV), an accredited senior appraiser (ASA) in business valuation, and certified in financial forensics (CFF). Mr Litvak specializes in forensic accounting investigations and valuation matters, assessment of economic damages, analysis of lost profits and unity of interest/separateness matters.Mr. Litvak is FTI’s national instructor in the area of economic damages. Mr. Litvak deals extensively with lost profits, damages theory and practice. Mr Litvak is one of FTI Consulting's national product leaders in merger and acquisition disputes, and was formerly designated as co-chair of the AICPA task force on merger and acquisition disputes, where he received the 2009 AICPA Award for Volunteer of the Year for his achievements.
Jeff Litvak is a senior managing director in the FTI Consulting forensic and litigation segment and is based in Chicago. …
Clara Chin is a Managing Director in the Forensic and Litigation Consulting segment and is based in New York. Ms. Chin has over 13 years of experience in providing consulting services related to solvency, fraudulent conveyances, breach of contract, due diligence review of fund managers, accountant malpractice, audit assistance, fraudulent financial reporting, regulatory investigations and other litigation matters. Ms. Chin is a National Instructor for FTI Consulting and teaches a two-day course on economic damages. Further, Ms. Litvak is a co-instructor for the AICPA Expert Witness Skills Workshop and AICPA Business Damages Concepts and Calculations course.
Clara Chin is a Managing Director in the Forensic and Litigation Consulting segment and is based in New York. Ms. …
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Method Of Presentation:
General knowledge of commercial litigation
NY Category of CLE Credit:
Areas of Professional Practice
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About ValuEconomics, Inc.
ValuEconomics, Inc. (“VEI”) has provided expert testimony on lost profits of businesses, lost goodwill and diminution of business value since 1991. The opinions and testimony are formulated and presented by Dr. Jules H. Kamin, Ph.D., president of VEI, based on financial models of businesses in a wide variety of industries. Dr. Kamin applies his extensive academic knowledge and his broad business experience to develop materials that enable triers of fact to gain insight into the basis for his opinions and the validity of his conclusions. Dr. Kamin has testified in state courts in California, Nevada, and Oregon, in Federal Court in California and Arizona, and in a variety of arbitrations. Causes of action have included breach of contract, unfair competition, trade-secret misappropriation, eminent domain, and infringement of patent, trademark and copyright intellectual property.
Ankura Consulting Group, LLC provides business advisory and expert services. The company offers services in the areas of analytics and digital transformation, cybersecurity, economics and statistics, intellectual property, investigations and accounting advisory, investment banking, litigation/arbitration and disputes, risk management and compliance advisory, strategy and performance, transaction advisory services, and turnaround and restructuring. It serves customers in various industries, such as construction, energy, financial services, global infrastructure and real estate, healthcare, and public sector. The company was founded in 2014 and is based in Washington, District Of Columbia with additional offices in the United States.
About FTI Consulting
FTI Consulting is an independent global business advisory firm dedicated to helping organizations manage change, mitigate risk and resolve disputes: financial, legal, operational, political & regulatory, reputational and transactional. Individually, each practice is a leader in its specific field, staffed with experts recognized for the depth of their knowledge and a track record of making an impact. Collectively, FTI Consulting offers a comprehensive suite of services designed to assist clients across the business cycle – from proactive risk management to the ability to respond rapidly to unexpected events and dynamic environments.