Economic Damages in Commercial Litigation

Richard M. Holstrom, CPA   -  RGL Gallagher LLP

4/7/99


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Table of Contents

Economic Damages in Commercial Litigation

Agenda

What is a Forensic Accountant? (A General Definition)

What is a Forensic Accountant? (Another View)

The Reason For The Statement...

Role of Economic Expert

Expert v. Advocate

Problems with “Advocacy”

Problem Areas

Examples of Assumptions

Identifying Weaknesses

“Real” Weaknesses

“Asserted” Weaknesses

Litigation Involving Accounting/Economic Issues

Types of Damages

General Legal Principles

Distinguishing between fact of damage and amount of damage

Proximate Cause

Proximate Cause

Proximate Cause

Proximate Cause

Reasonable Certainty

Reasonable Certainty

Reasonable Certainty

Foreseeability in Contracts

Lost Profits Calculations

Purpose of Lost Profits Calculations

Lost Profits Analysis

The Pieces Of The Puzzle

Calculation Methods to Estimate Profits

Before

Before

After

Before & After

Before & After

Yardstick Theory

Yardstick

Yardstick

Author: Richard Holstrom

Email: holstrom@damages.com

Other information:
Lost Profits Presentation -- March 1999

Download presentation source

Law Offices of Paul Michael DeCicco, 2003