Commercial Litigation: Understanding and Calculating Lost Profit Damages
Commercial litigation can be a complex and costly process. Stakes are often high especially when it comes to calculating lost profits. In the battle over lost profit damages, both sides must face the tough challenge of choosing which calculation methodologies, documentation, and expert evidence to use. Defendants will often try to push back, citing credible damages studies that often leave the opposition with little to no significant damages awards.
In the course of determining a strategy against a plaintiff’s claim, litigation counsel must find ways to both defend against liability and discredit the evidence being presented through expert witnesses. This is a delicate balancing act that must be carefully assessed if the defense aims to establish a successful lost profit claims case.
Listen as finance expert Xiang (Jerry) Li provides a comprehensive discussion on how to calculate lost profits damages. The speaker will also share the latest trends, critical issues, and best calculation strategies amidst the evolving legal climate.
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Associate ,Director Energy Market and Damages Expert at NERA Economic Consulting
Xiang (Jerry) Li is an energy market and finance expert with approximately 15 years of experience across the energy industry, spanning oil and gas, power, and renewables. He is an expert in energy market fundamentals (price, demand, and supply) and quantum damages and valuation analyses related to disputes, including international arbitrations. His quantum damages expertise includes financial proforma analyses for historical and future damages as well as valuation-related analyses (including energy asset and real option valuation) and project financing (i.e., off balance sheet) and credit risk analysis, among other financial modeling tools. He has deep experience in power and gas market analyses including energy market models (GPCM®, PLEXOS®, and Enelytix®), risk and probability analyses of energy prices including stochastic (Monte Carlo) analysis, due diligence, and other economic evaluation.
