Lost Profits and Lost Business Value-What is the Difference

Damage remedies  focus on lost profits and lost business value with such remedies calculated by financial experts. Although lost profits and lost business value are common calculations in business litigation, there are distinct differences between these two remedies. [Read more…]

Commercial Damages and Unjust Enrichment

Financial experts in commercial damages normally calculate damage remedies that focus on a plaintiff’s loss that is calculated either as lost profits or loss business value. While unjust enrichment is a damage remedy that focuses on the defendant’s benefit or gain. [Read more…]

The Yardstick Method To Measure Economic Damages

The Yardstick Method is a tried and true way to measure economic damages in contract, patent infringement, and other tort claims. In a nutshell, this method is based on comparisons with similar type business in the same industry.    In damages cases the financial experts are hired to assist the court in estimating what a plaintiff might have earned ” but for” the defendant’s alleged wrongdoing. In order to withstand financial scrutiny, experts must base their estimates on real world comparable evidence and not pure speculation. [Read more…]

Commercial Damages-Lost Profits

The calculation of damages in commercial litigation is generally based on lost profits. The purpose of a lost profits calculation is to place the damaged party in the same financial position or condition it would have been but for the other party’s wrongful action to the extent allowed by law. [Read more…]