How to Effectively Prove and Defend Lost Profits Damages
Proving or defending against claims of lost profit damages can be complicated and controversial. Lost profits are difficult to prove since the weight of evidence required, as well as the bases of the calculation of damage claims, can be critical. Thus, it is imperative for the experts of both plaintiff and defendant to effectively present and analyze financial quantifications. Moreover, litigators should also be well-versed on how these experts calculate lost profits so that they’d be able to implement litigation strategies efficiently.
In a LIVE Webcast, a panel of key thought leaders assembled by The Knowledge Group will provide the audience with an in-depth analysis on how to prove or defend against lost profit damage claims in commercial litigation. Speakers will also share practical tips in calculating proper damage apportionment. They will also present helpful litigation tactics.
Key topics include:
- Lost Profit Damages in Commercial Litigation – An Overview
- Evidence and Documentation to Consider
- Proving or Defending Against Lost Profits Damage
- Risks of Counterclaims
- Litigation Strategies and Practical Tips
Joshua D. Rievman, Partner
Cohen Tauber Spievack & Wagner P.C.
- Legal standard and recent developments
Christopher S. Moore, Partner
Novack and Macey LLP
- The dictates of Daubert and Kumho Tire
- Various methodologies accepted
- Garbage in/garbage out – the issue of using accurate inputs
Thomas V. Girardi, Founding Partner
Girardi & Keese
- There’s one word that makes you or breaks you on loss profits…credibility.
- Take away all the cross examinations from the other side.
- A credibility claim for a million dollars is worth much more than a claim that can be attacked for $3 million.
- Maybe you give your expert two calculations:
- A very strict accounting look; and
- It takes in to account positive growth.
Joseph W. Lesovitz, CPA/ABV/CFF, CFA, CFE, Partner
- Methodologies and calculations from the perspective of a financial expert.
Who Should Attend:
- Litigation Attorneys
- In-House Counsel
- Patent Attorneys
- Patent Litigators
- Attorneys General
- Private and Public Businesses
- Other related and interested professionals
Josh Rievman specializes in the litigation and arbitration of commercial disputes. Josh has successfully represented clients in jury and non-jury trials in New York State and federal courts, in state and federal appellate proceedings and in arbitration locally and internationally. Josh also counsels employees and employers with respect to separation, onboarding and internal investigations.
Additionally, Josh represents clients on a broad range of issues, including actions arising out of domestic and international commercial transactions, breach of contract, breach of fiduciary duty, unfair competition, licensing, products liability, trademark, securities, partnerships, banking transactions, technology, professional sports contracts and bankruptcy.
Josh is an active member of Legus, the international network of law firms, in which he is a member of its Advisory Board and marketing committee, and is a frequent speaker at Legus conferences. Josh is also a member of the Congress of Fellows of the Center for International Legal Studies. He graduated from Duke University, cum laude, in 1986 and from Boston College Law School, cum laude, in 1990. He has an AV/Preeminent rating from Martindale-Hubbell.
Josh Rievman specializes in the litigation and arbitration of commercial disputes. Josh has successfully represented clients in jury and non-jury …
Christopher S. Moore is a partner of Novack and Macey LLP, a sophisticated business litigation boutique. He has extensive experience in state and federal courts throughout the country and has acted both as an arbitrator and mediator in various alternative dispute resolution settings. His clients consist of a wide range of business corporations and institutions, investment ventures, partnerships and individuals. Chris is a graduate of the University of Chicago, and the University of Illinois College of Law.
Chris is the co-author of a web application for Illinois attorneys, the “Illinois Litigation Rules App.” The App was created by commercial litigators for commercial litigators and integrates – in an elegant and easy to use format – commonly invoked provisions of the Illinois Code of Civil Procedure and the Illinois Supreme Court Rules.
Christopher S. Moore is a partner of Novack and Macey LLP, a sophisticated business litigation boutique. He has extensive experience …
Tom Girardi is the past president of the International Academy of Trial Lawyers (an organization limited to 500 lawyers in the country) and is a member of the Inner Circle of Advocates (an organization limited to 100 lawyers in the country). He was the past national president of the American Board of Trial Advocates. He has been listed as one of the top 100 lawyers in California by the Daily Journal legal newspaper - one of four lawyers listed since the list started 16 years ago. He serves as a trustee appointed by the Senate for the Library of Congress. He was inducted into The American Trial Lawyers Hall of Fame-2014. 2015 Super Lawyers - 65,000 California lawyers were polled…he was voted #1…the same in 2016, 2017, and 2018. President for the Litigation Council of America in 2016 and currently president of the National Trial Lawyers. Recently awarded "Best Lawyer" and "Man of the Year" as well as "Lawyer of the Decade" and "Business Innovator of the Year" by the International Association of Top Professionals.
Tom Girardi is the past president of the International Academy of Trial Lawyers (an organization limited to 500 lawyers in …
Joseph Lesovitz is a Partner in the Litigation and Dispute Advisory Services Group of the accounting firm Citrin Cooperman and is located in Philadelphia. He specializes in calculating damages in complex commercial litigation and in providing financial consulting and forensic accounting services to attorneys, public and private corporations, insurance companies, and governmental agencies. Joe has provided consulting and litigation services for cases involving complex commercial damages, lost profits analysis, intellectual property infringements, business valuations, economic damage calculations, and fraud investigations. He has provided consulting and litigation services for clients in many industries including pharmaceutical, healthcare, financial services, technology, manufacturing, real estate, retail, telecommunications, and insurance. Joe has served as a damages expert witness in federal and state courts and in arbitrations.
Joseph Lesovitz is a Partner in the Litigation and Dispute Advisory Services Group of the accounting firm Citrin Cooperman and …
Print and review course materials
Method of Presentation:
On-demand Webcast; Group-Internet Based
Experience in commercial litigation
NY Category of CLE Credit:
NASBA Field of Study:
Accounting – Technical
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About Cohen Tauber Spievack & Wagner P.C.
Cohen Tauber Spievack & Wagner is a 20-attorney business law firm representing clients in finance, life sciences, technology and other industries in corporate transactions, intellectual property, real estate, litigation, employment, and corporate immigration. The firm's attorneys came from larger firms, bringing sophisticated experience to a collaborative partnership. The firm represents multinational corporations, smaller and middle-market businesses, executives, and entrepreneurs throughout the United States and abroad.
About Novack and Macey LLP
Novack and Macey LLP is a sophisticated business and commercial litigation boutique that represents both defendants and plaintiffs in a wide variety of disputes, involving trial and appellate practice in state and federal courts and arbitrations. The Firm is known for representing clients in high-stakes business litigation, with a particular emphasis on financial services, commercial real estate, energy, gaming, manufacturing, closely-held companies and partnerships, and in representing other lawyers and law firms.
About Girardi & Keese
At Girardi Keese, we focus on people – people injured in car wrecks, people hurt by dangerous products, people sickened by toxic dumping. In addition to all types of personal injury cases (including aviation disasters), we also hold insurance companies accountable to their policyholders and help people solve their business law challenges.
About Citrin Cooperman
Citrin Cooperman is among the largest, full-service assurance, tax, and business advisory firms in the United States, having steadily built its business serving a diverse and loyal clientele since 1979. Our daily mission is to help our clients “focus on what counts.” Rooted in our core values, we provide a comprehensive, integrated business approach to traditional services, which includes proactive insights throughout the lifecycle of our clients wherever they do business, across the globe. Citrin Cooperman is an independent firm associated with Moore Stephens International Limited. citrincooperman.com