Lost Profits and Damages Calculation: Everything You Need to Know in 2018

Justin N. McLean, Managing Principal; M.S., industrial administration, Graduate School of Industrial Administration, Carnegie Mellon University; B.A., economics, Swarthmore College

Mr. McLean specializes in applying finance and economics to problems in complex business litigation, including securities, valuation, tax, and intellectual property matters. His experience spans several industries, from banking, insurance, and high technology to telecommunications and health care. He has served as an expert witness, and has provided assistance in many phases of litigation, including development, presentation, and review of pretrial discovery; preparation of testimony; and critique of analyses of opposing experts.

Mr. McLean’s case work has included general damages analyses, lost profit and reasonable royalty calculations related to intellectual property misappropriation, and assessments of fiduciary duties and investment management. In addition, he has evaluated the economic characteristics and risk transfer of a range of financial instruments, such as private mortgage insurance, subprime loans, and preferred equity in a new venture. He has led large case teams in a number of high-profile matters, including consulting to the U.S. Department of Justice regarding the financial issues involved in tribal trust fund disputes, and supporting counsel for a large electronics manufacturer in litigation associated with features on smartphones and tablets.

In addition, Mr. McLean has presented on topics related to damages assessment and patents. He has also worked with entrepreneurial companies, helping to develop financial projections, business plans, and marketing strategies.

Alex Brandon is a senior manager in Sikich’s Forensic and Valuation Services practice. He has approximately 10 years of experience in providing valuation and dispute advisory services to the business and legal community. Alex has extensive experience assisting clients in all phases of litigation, including early case assessment, discovery, document review, damages analysis, and trial preparation. He has performed analyses related to lost profits, diminution of value, economic loss, reasonable royalty, and unjust enrichment. He also has experience in researching economic and industry data, building financial models, applying forensic accounting techniques, and writing expert reports.

Prior to joining Sikich, Alex worked as an experienced valuation manager in Grant Thornton’s corporate finance practice and as a manager in RSM’s litigation and investigative services practice, where he provided business valuation, forensic accounting and litigation support services to middle and upper middle market clients.

Alexis K. Lavko specializes in the assessment of commercial damages using financial and economic analysis in matters involving intellectual property, complex commercial disputes, and various business issues.  Ms. Lavko has consulted on numerous engagements involving the valuation of intellectual property and the evaluation of economic damages related to patent and trademark infringement, false advertising, breach of contract, trade secret misappropriation and standard essential patent litigation with RAND royalty issues in a variety of disputes before U.S. courts and arbitration organizations and the U.S. International Trade Commission. Ms. Lavko has performed economic analyses in numerous industries, including pharmaceuticals, medical devices, consumer retail products, consumer electronics, industrial manufacturing, and telecommunications.

Ms. Lavko holds a B.S. degree in Industrial Labor Relations from Cornell University and an M.B.A. from the University of Chicago with specializations in accounting, corporate finance and strategic management.

Carlyn Irwin has more than twenty years of litigation consulting and expert witness experience, specializing in economic, financial, causation, and accounting issues. She focuses on damages claims, valuing businesses, and conducting financial forensic analysis in a variety of commercial disputes. Ms. Irwin has addressed matters that span a range of industries, including real estate, medical devices, technology, entertainment, consumer products, and financial and professional services. She has testified in U.S. district and state courts, as well as U.S. and international arbitrations.

Ms Irwin is certified in public accounting and financial forensics, accredited in business valuation, and is a certified fraud examiner. She has also conducted and analyzed consumer surveys. She holds a B.A. from the University of California, Santa Barbara and an M.B.A. from the University of Southern California.