The headlines are filled with the BP catastrophic oil spill in the Gulf of Mexico. BP has even agreed to a damage fund of $20 billion, but what about the other companies involved in the Deep Water Horizon drilling rig, Transocean, Halliburton and others? And what about the businesses that are damaged but their claim is turned down?

Commercial damages is like a three legged stool: the plaintiff has to prove liability, damages and collectability. If one leg is not there, the stool falls over. The reality of a plaintiff’s situation centers on the task of proving to a reasonable certainty all three legs of the stool within the confines of the rules of evidence. This can be very difficult. Damage calculations are generally fitted to one of several methods:

A. Before and after methodology (often by comparing the injured party’s activities before the wrongful event with its performance after the event).
B. Yardstick methodology (typically using other firms or the plaintiff’s other locations as a benchmark to estimate what would have happened to the plaintiff but-for the wrongful event).
C. Sales projection methodology (building a financial model of what would have happened to the affected business based on various model inputs).
D. Market model methodology (often by linking plaintiff’s losses to its market share of the overall industry sales it experienced before the event).

Many factors go into an expert’s consideration for the reasonable measurement of damages. Such factors are defined by the facts and circumstance of the alleged event as defined by the Plaintiff’s complaint. Some of the considerations by the expert might include:

- Determination of change in revenues perhaps based on historical trends
- Incremental costs avoided by the loss in revenues
- Reasonable profits expected but not realized
- Economic outlook affecting calculation
- Industry outlook affecting calculation
- Actual performance realized during the period damaged thus providing a mitigation to the profits claimed lost
- The length of time horizon of the period damaged
- Adjustments for risk and cost of capital (discount rates)
- Fixed and variable costs of production
- The impact of competition
- Capacity constraints on the business
- Available technology and its effect on damage
- Regulatory and environmental issues

The measurement of damages from a defendant’s infringement on intellectual property falls into three main categories:
1. Lost profits to the plaintiff
2. Reasonable royalties imposed on the defendant
3. Disgorgement of the defendant’s profits realized

The event would present three examples of claims for cross examination and discussion:
1. A statistical trend line
2. A contractual infringement and
3. A trade secret royalty

The Knowledge Group has assembled a team of experts to help unravel the complexities and understand reasonable measurements in commercial damages and how they will impact your firm. Click the “Register” button below to sign up today. Advanced registration is recommended as space is limited. Significant discounts apply for early registration.

Course Level: Intermediate
Prerequisite: None
Method Of Presentation: Group-Based-Internet
Developer: The Knowledge Group, LLC
Recommended CLE/CPE Hours: 1.75 - 2.0
Important Note: Your State Bar or Accounting Board will make the final determination with respect to continuing education credit. If you are applying for CLE credit in Texas you must register 20 days before the event date or you will not be able to obtain CLE credit.
Advance Preparation: Print and review course materials
Course Code: 104036
Course Fee: $199 - $299 (Early Bird Discounted Rate - on or before 10/21/2010)
                       $249 - $349 (Regular Rate - registration after 10/21/2010)
                       (Please click here for details)
NASBA Sponsor Number: 109004

 

Proposed Agenda  - 45% of admissibility challenges on financial experts have been successful - Ways that financial experts measure lost profits damages - Implicit assumptions, strengths, and weaknesses of damage approaches - How lawyers attack or defend damage measurements - Case studies of commercial damages

Who Should Attend?

CPAs
Business owners
Corporate and litigation attorneys

Why Attend?

This is a must attend event for anyone interested in understanding the complexities involved in commercial damages.
- New guidance explained by the most qualified key leaders & experts
- Hear directly from key regulators & thought leaders
- Interact directly with panel during Q&A

** Discounts apply for early registration

Disclaimer:
Please note, the event date is firm although it may be subject to change. Please click here for details.

 

 

 

 

Commercial Damages: Overview and Cross Examination - Bullet Proof or Bullet Holes?
LIVE Webcast
Speaker Firms:

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We are an approved multi-event sponsor in the state of California. Our provider ID is: 14451. In Texas, Illinois, and Virginia, we submit programs for individual approval in advance. In all other states, once attendance is verified, participants are emailed an official certificate of attendance which they submit to their respective State Bar Associations. Our programs are created with continuing education in mind and are therefore designed to meet the requirements of all State Bar Associations. If you have any questions, please email our CLE coordinator at: info@knowledgecongress.org Important Note: Your State Bar or Accounting Board will make the final determination with respect to continuing education credit. If you are applying for CLE credit in Texas you must register 20 days before the event date or you will not be able to obtain CLE credit. Attention New York Attorneys: This program is approved for CLE credit under New York’s Approved Jurisdiction policy. The Knowledge Group, LLC is an approved sponsor in the state of California, a New York Approved Jurisdiction. This program fulfills the non-traditional format requirement of exceeding 60 minutes in length. Please note only experienced attorneys (more than 2 years) are eligible to receive CLE credit via non-traditional format learning platforms. The Knowledge Group will verify attendance during the webcast via secret words (3 per credit hour) and by auditing attendees log in and log out records. All verification instructions will be provided during the webcast. Once attendance verification requirements have been completed, the attendee will be issued a certificate of attendance be The Knowledge Group for the course with the recommended number of credit hours. The Certificate of Attendance is normally sent via email in 24 hours or less. To Claim Your CLE Credits: The attorney should simply include credits earned via Knowledge Group webcasts when computing the total number of CLE credits completed, and keep the Knowledge Group Certificate of Attendance for a period of at least four (4) years in case of audit. An attorney may count towards her/his New York CLE requirement credit earned through the Approved Jurisdiction policy without notifying the CLE Board. To learn more about New York’s Approved Jurisdiction policy. Please visit: http://www.nycourts.gov/attorneys/cle/approvedjurisdictions.shtml

Enrolled Agents Sponsor ID Number: 760 We have entered into an agreement with the Office of Professional Responsibility, Internal Revenue Service, to meet the requirements of 31 Code of Federal Regulations, section 10.6(g), covering maintenance of attendance records, retention of program outlines, qualifications of instructors, and length of class hours. This agreement does not constitute an endorsement by the Office of Professional Responsibility as to the quality of the program or its contribution to the professional competence of the enrolled individual.

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