Lost Profits in Commercial Litigation: Proving and Defending Damages

This CLE webinar will show litigators how financial experts quantify lost profits so that trial counsel can understand the framework, bases, and aspects of a lost profits damages calculation and then use those figures and calculations to prove or defend against a lost profits damages claim. The panel will examine this complex issue both in the context of general business damages and in the specific context of patent litigation.

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. Plaintiff’s theory of recovery influences which methodology for calculating lost profits is most persuasive.

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.