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Use of Forensic Evidence in a Lost Profits Case

Financial forensics experts are often called upon to measure the lost profits a business suffered as a result of the actions of another party. The measurement typically compares the profits of the company had the defendant not acted inappropriately to the profits that the company actually realized. Because lost profits measurement involves the calculation of the value of something that should have happened but did not, the process must incorporate assumptions and significant reliance upon ...

Calculating But-For Profits

Do you feel like being asked to calculate but-for-profits feels like an engagement in another dimension? Calculating the position the harmed party would have been in “but for” the alleged acts is an advanced skill for appraisers. Join expert and contributing author to The Comprehensive Guide to Economic Damages, Stacey Udell, for a discussion of different strategies to determine net lost profits including the critical step of removing incremental costs that did not occur. Every ...

Reasonable Certainty for New Business Lost Profit Calculations

New-business lost profit calculations have been a heavily contested topic. Many courts and practitioners rely on historical approaches using historical data of the company itself or a “comparable” company. Join Josh Shilts for a discussion of recent case law and various approaches and learn techniques to validate your lost profit projection. Take these skills and make your report and testimony more defensible.

Flawed yardstick analysis sinks lost profits award

A drawn-out damages case in which a startup compression sportswear company sued the defendant "private label" manufacturer over an abandoned licensing deal promised to make the plaintiff rich but ultimately ended with nominal damages.

Rebuttal Expert May Be Redundant in Offering Only a Critique

Court admits the “before and after” as well as the “yardstick” model developed by the plaintiff’s lost profits expert, leaving questions regarding the underlying assumptions and data for cross-examination at trial, but excludes the defendant’s rebuttal wi ...

B-K Cypress Log Homes v. Auto-Owners Insurance Company

Court admits the “before and after” as well as the “yardstick” model developed by the plaintiff’s lost profits expert, leaving questions regarding the underlying assumptions and data for cross-examination at trial, but excludes the defendant’s rebuttal wi ...

Lessons From Daubert: Verify Client Projections, Comparables, and Causation

Court denies music industry expert under Daubert for failing to verify plaintiff’s internal sales projections; for using only a single comparable; and for failing to consider alternative causes for lost profits.

Victory Records, Inc. v. Virgin Records America, Inc.

Court denies music industry expert under Daubert for failing to verify plaintiff’s internal sales projections; for using only a single comparable; and for failing to consider alternative causes for lost profits.

Update: Damages Award in Celebrity Cruise Case

Damages case comes back for a third—and perhaps final—tour.

Celebrity Cruises, Inc. v. Essef Corp. (II)

Damages case comes back for a third—and perhaps final—tour.

Court Reverses $190 Million Damages Award, Finding Faulty Valuation ‘Yardstick’

Court vacates $190 million lost profits/lost enterprise value award based on flawed comparables and financial analysis.

Celebrity Cruises, Inc. v. Essef Corp. (I)

Court vacates $190 million lost profits/lost enterprise value award based on flawed comparables and financial analysis.

Fairmont Supply Company v. Hooks Industrial, Inc.

The Texas Court of Appeals for the First Distinct considered whether the trial court erred when it admitted expert testimony as to lost profits, which utilized the yardstick method.

Yardstick Method Challenged

The Texas Court of Appeals for the 1st Distinct considered whether the trial court erred when it admitted expert testimony as to lost profits, which utilized the yardstick method.

Expert’s Yardstick Method Excluded Under Daubert for Failing to Perform a Market Analysis in Connection With the Damage Computation

The U.S. District Court for Kansas excluded a financial expert’s damage computation under Daubert in this false advertising matter. The expert utilized the yardstick method and a one-to-one sales loss assumption. Because she failed to perform a market ana ...

Robert J. Pound v. Airosol Company, Inc.

The U.S. District Court for Kansas excluded a financial expert’s damage computation under Daubert in this false advertising matter. The expert utilized the yardstick method and a one-to-one sales loss assumption. Because she failed to perform a market ana ...

Lost Profits Based Solely on Business Plan Rejected

The Florida Court of Appeals, 3rd District, reversed an award for lost profits.

North Dade Community Development Corp. v. Dinner's Place, Inc.

The Florida Court of Appeals, 3rd District reversed an award for lost profits.

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