Lost Profits in Commercial Litigation: How to Effectively Prove and Defend Damages
Lost profits are considered as the most significant aspect of a plaintiff’s claim. However, in a commercial litigation case, it is also one of the most challenging type of damages to prove and is often difficult to establish and ascertain. Thus, it becomes more important for litigators to leverage the calculation methodologies, documentation, and expert evidence to effectively prove and defend lost profits damages throughout the litigation process.
Join a panel of key thought leaders and commercial litigation lawyers assembled by The Knowledge Group as they bring the audience to a road beyond the basics of defending claims of lost profits damages and as they delve into the in-depth analysis of the current trends and recent court rulings. Speakers will also provide the audience with practical strategies in bringing out the best in these lawsuits in a rapidly evolving legal climate.
In a LIVE webcast, the speakers will discuss:
- Legal and Regulatory Standpoint in Commercial Litigation
- Calculation of Lost Profits Damages
- Lost Profits Damages Framework
- Proving and Defending Lost Profits Damages
- Notable Court Rulings
- Direct/General Versus Consequential Damages
Novack and Macey LLP
The Use of Experts in Proving/Defending Lost Profits
- The dictates of Daubert and Kumho Tire
- Various methodologies accepted
- Garbage in/garbage out – the issue of using accurate inputs
- Do accounting principles matter?
- Relying on client data
Berkeley Research Group
- Lost profits calculation approaches
- Demonstration of causation
- Illustrations of lost profits models
- Historical lost profits
- Future lost profits and discounting methodologies
- Lost profits calculations for businesses without an earnings history
Who Should Attend:
- Litigation Attorneys
- In-House Counsel
- Financial Executives/Officers
- Forensic Accountants
- Top Level Executives
Michael Hefter is a trial lawyer with decades of experience leading clients through complex jury and bench trials in federal and state courts. He brings bold solutions to clients facing complicated disputes.
Michael's litigation portfolio includes matters involving: breach of contract, breach of fiduciary duty, fraud, and other business disputes, securities litigation, RICO actions, construction litigation, structured finance disputes, post-acquisition disputes, corporate governance (including mergers and acquisition litigation), claims involving lender liability issues, shareholder class and derivative actions, claims involving LLC and limited partnership issues and structures, bankruptcy related.
Michael has represented clients in numerous industries, including energy, power and utilities, insurance, healthcare, investment and commercial banking, private equity and hedge funds, venture capital, real estate, shipping, accounting, telecommunications, aerospace and defense, chemicals, and computer software.
Michael Hefter is a trial lawyer with decades of experience leading clients through complex jury and bench trials in federal …
Eric N. Macey is a founding partner of Novack and Macey LLP, a sophisticated business litigation boutique. He has extensive trial 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. Mr. Macey is consistently rated as one of the top 100 Lawyers in Illinois per Super Lawyers, is recognized by Chambers USA for commercial litigation, and is repeatedly named on Best Lawyers Magazine’s “Best Lawyers in America” list for real estate litigation.
Mr. Macey received his A.B. (1973) magna cum laude from Princeton University. He received his M.A. (1975) in Communications from the Annenberg School of Communications, University of Pennsylvania, and his J.D. (1978) with High Honors from the George Washington University Law School where he was Order of the Coif and a member of the George Washington Law Review.
Eric N. Macey is a founding partner of Novack and Macey LLP, a sophisticated business litigation boutique. He has extensive …
Greg Smith is a Managing Director at Berkeley Research Group with more than 25 years of experience assisting clients by providing rigorous financial and economic analyses relating to licensing programs, damages, and the valuation of intellectual property. Mr. Smith has performed such studies in over 75 matters covering technologies from a wide range of industries. He has testified in federal and state courts on a range of financial issues, including lost profits, reasonable royalties, infringer’s profits, the valuation of businesses and/or business assets, and the forensic analysis of business records and operations. Mr. Smith holds an MBA from the University of Maryland and a BA in economics from the University of Virginia. He is a frequent speaker in seminars before professional groups, and is the co-author of a leading treatise on intellectual property damages. Mr. Smith is a Certified Public Accountant, a Master Analyst in Financial Forensics, and a Chartered Global Management Accountant.
Greg Smith is a Managing Director at Berkeley Research Group with more than 25 years of experience assisting clients by …
Print and review course materials
Method of Presentation:
On-demand Webcast; Group-Internet Based
Experience in commercial litigation
NASBA Field of Study:
Accounting – Technical
NY Category of CLE Credit:
Areas of Professional Practice
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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 Berkeley Research Group
Berkeley Research Group, LLC (BRG) is a global consulting firm that helps leading organizations advance in three key areas: disputes and investigations, corporate finance, and strategy and operations. Headquartered in California with offices around the world, we are an integrated group of experts, industry leaders, academics, data scientists, and professionals working beyond borders and disciplines. We harness our collective expertise to deliver the inspired insights and practical strategies our clients need to stay ahead of what's next. We have in-depth experience across a wide range of industries and markets, from construction and energy to technology and healthcare. No matter what sector your business is in, we have experienced professionals who understand the challenges you face—making us better equipped to help solve them.