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Review of Case Materials
Reviews records, documents, testimony, data, and other relevant materials and consults with counsel regarding technical issues related to the matter.
Provide Expert Analysis
Applies specialized knowledge and experience to evaluate the technical or professional issues involved.
Form Expert Opinions
Develops independent, supportable opinions based on the available evidence and relevant standards.
Prepare Expert Reports
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A Lost Profits Expert Witness may estimate the revenue and costs a business would have experienced under an appropriate but-for scenario and compare that result with actual performance. Historical financial statements, sales trends, budgets, contracts, customer activity, capacity, market conditions, and cost behavior can provide relevant inputs. The methodology depends on the business, available evidence, disputed event, damages period, and assumptions applicable to the analysis.
Lost profits generally concern profit allegedly lost by a business, while lost wages or wage loss concern compensation allegedly lost by an individual. Individual loss calculations may consider salary, wages, bonuses, benefits, employment history, career progression, and future earning assumptions. When the central issue involves an individual's lost earnings rather than business profits, an Economic Damages Expert Witness may provide more specialized analysis.
Revenue alone does not establish lost profit. A Lost Profits Expert Witness may examine historical gross margins, operating expenses, variable costs, fixed costs, product mix, capacity, and other profitability measures to determine what portion of projected revenue would have translated into profit. This analysis can also test whether margins assumed in a damages model are consistent with the business's historical performance, contemporaneous forecasts, or other supporting evidence.
A business with limited operating history may require greater reliance on contemporaneous and external evidence, such as contracts, customer commitments, market data, comparable businesses, capacity information, business plans, financing records, and forecasts prepared before the dispute. A Lost Profits Expert Witness may test the assumptions supporting expected revenue, growth, and costs rather than treating a business plan or forecast as proof that projected profits would necessarily have occurred.
Patent, +4
Technology
Damages, +4
Prepares clear, well-supported expert reports outlining methodology, analysis, findings, and opinions.
Provide Deposition Testimony
Explains findings and opinions under oath and responds to questioning during deposition testimony.
Testify in Court
Presents specialized findings and opinions clearly to judges, juries, arbitrators, or other decision-makers.
Lost Profits expertise focuses on profit allegedly lost during a defined damages period by comparing actual performance with a but-for scenario. Business Valuation expertise focuses on determining the value of an enterprise or ownership interest as of a particular valuation date. Both analyses may use forecasts and financial records, but a stream of lost profits and a reduction in business value represent different measures and should not automatically be treated as interchangeable.
Technology
Real Estate, +7
Real Estate
