Find out how commercial damages can be calculated and supported with evidence! Covering everything from back-of-the envelope estimates to the use of complex financial models, this guide will help counsel for both plaintiffs and defendants calculate and prove damages in various types of business litigation.
While methods for calculating damages contain some common elements, these methods can differ according to the area of substantive law involved. The authors of Calculating and Proving Damages draw on their experience and specialized knowledge to explain and clarify the techniques needed in virtually any damages situation you are likely to encounter.
Topics covered include: determining the types of damages available; models for computing damages; evidence-gathering techniques; damages in tort, contract, intellectual property, antitrust, securities and other types of cases; how to make complex models comprehensible to judges and juries; use of experts; and more.
Throughout, the authors focus on the practical as well as the legal. With this book in hand, all parties will find it easier to estimate damages and formulate the best strategy for trying or settling a case.
Litigant Damage Expectations
Looking at Damages: Common Damage Frameworks and Components
Patent Infringement Damages: Royalties and Lost Profits
Trademark, False Advertising, and Unfair Competition Cases: The Lanham Act and
Trade Secret Damages
Personal Injury and Wrongful Death Damages
The Effects of Daubert on Damages
Table of Abbreviations
Kristopher A. Boushie
Kristopher A. Boushie CPA/ABV/CFF, CVA (Co-editor and Co-author of Chapters 1, 2, 3, 6, and 13) is the President of Quantus Consulting LLC of Jericho, Vermont. Mr. Boushie is a Certified Valuation Analyst and a Certified Public Accountant, Accredited in Business Valuation and Certified in Financial Forensics. Mr. Boushie has over twenty-seven years of experience in financial and litigation consulting, working on a variety of forensic valuation issues. For the past twenty years, much of Mr. Boushie's practice has focused on intellectual property matters.
Martin F. Cunniff
Martin F. Cunniff (Co-editor and Co-author of Chapters 1, 2, and 6) is a partner in the Washington, D.C. office of Arent Fox LLP. His practice focuses on high-exposure business litigation for leading corporations. Mr. Cunniff has represented a number of corporations located outside the United States and is familiar with the jurisdictional and logistical issues faced by such clients. His practice encompasses litigation of all types of complex commercial disputes including antitrust, securities fraud, breach of contract, business torts, fraud, intellectual property, trade secrets, and other commercial issues. Mr. Cunniff has been involved in numerous class actions and has handled the damages case in dozens of matters exceeding damages of $100 million.
Christopher H. Spadea
Christopher H. Spadea AVA, CFFA (Co-editor and Co-author of Chapters 1, 2, 3, 6, 9, and 13) is a Vice President in the New York office of Charles River Associates. Mr. Spadea is an Accredited Valuation Analyst and a Certified Forensic Financial Analyst. Mr. Spadea has sixteen years experience providing expert economic business valuation and litigation damages services. He has assisted counsel and clients in valuing complex business events and assets through detailed forensic and prospective analysis, and has experience in assessing the appropriate economic measure of damages in many areas.