As Michael Kaplan notes in the 2009 edition of The Comprehensive Guide to Lost Profits Damages, "lost profits calculations are invariably done in the context of a legal dispute, with an eye toward possible resolution or an eventual trial." As forensic accountants or expert witness, appraisers are expected to provide testimony and factual and opinion evidence to assist the court in understanding the financial matters. It is imperative then that an expert understand what forensic evidence is, how it should be used in his or her analysis, and the potential problems if forensic evidence is not appropriately incorporated into an analysis.
In Part 3 of BVR's Webinar Series on Damages Essentials, Kaplan will join Rebekah Smith to cover the ins and outs of forensic evidence and its place in lost profits damages cases. From gathering and examining this evidence to utilizing it to support an unimpeachable conclusion, Kaplan and Smith will show how to put the court's rules to best use. As Kaplan writes, "an expert who proffers opinions that are so well-supported by forensic evidence that counsel is moved to the settlement table is an expert who has been most effective in serving the case and the client."