Dispute Resolution:
Business Damages
Most business disputes that reach litigation involve
questions of quantifying and proving damages. Valid and defensible damage
claims require seasoned professional judgment to assess the economic
circumstances of the subject before and after the damaging events, analyze and
evaluate relevant factors, and estimate what operating results should have been
"but for" the damage. Modern litigation frequently involves sifting
through immense volumes of data to figure out what has happened, and the time
pressures inherent in the litigation environment mandate efficient and
effective action.
Our Analytical Value professionals have extensive experience
in proving or rebutting business damage claims in a variety of industries and
situations. In more than one hundred lawsuits and alternative dispute
resolution proceedings, we have delivered business valuation testimony, created
financial models related to businesses and individuals, including detailed
incremental cost and profitability analyses, and used the models to demonstrate
or rebut damages from breach of contract, unfair termination, and other actions
leading to claims for lost profits or business damages. Our team has
demonstrated substantive skills in analyzing and summarizing large volumes of
financial and operating information. We have directed and performed successful
efforts to reconstruct missing information, including identification of
additional sources of information, design and implementation of cross-checks
and validation procedures, and development of structured deposition questions
to substantiate conclusions drawn from available documentation.