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The Reasonable Certainty Requirement in Lost Profits Litigation—Best Practices for Proving Your Damages Calculation

 The Reasonable Certainty Requirement in Lost Profits Litigation—Best Practices for Proving Your Damages Calculation
CPE Credit

Program Type: Recorded Webinar(Audio, PPT Presentation)
Program Level: Advanced
Prerequisites: Learning activity level most useful for individuals with mastery of the particular topic. This level focuses on the development of in-depth knowledge, a variety of skills, or a broader range of applications.
Advanced Preparation: Good knowledge of topic and experience in the field.
Delivery Method: Group Internet-Based
CPE Credits: Two (2) Hours
Fields of Study: Auditing
Item Number: 17PFFCHI0608A
Shipping Weight: 0lbs. 0oz.
Price: $110.00
Program Description

The big issue in business litigation—the one the huge verdicts turn on—is whether the plaintiff's lost profits have been proven with reasonable certainty. Every U.S. jurisdiction has adopted the rule that lost profits must be proven with reasonable certainty. What are the factors courts actually take into account when they decide whether the plaintiff has proven its lost profits with reasonable certainty? These factors will be discussed in connection with an actual case study.

Learning Objectives

After completing the webinar, attendees will be able to:

- Identify the supporting evidence required for proving damages from lost profits
- Explain the necessary factors that courts consider: is the estimate accurate, is the court certain the injured party suffered some damage, the degree of moral fault on the part of the defendant, the extent to which the plaintiff produced the best possible evidence of lost profits, the amount at stake, and whether there is an alternative method of compensating the injured party

Who Should Attend

Financial Professionals


Mike Costello
Mr. Mike Costello is the litigation, fraud, and forensic services leader for Elliott Davis Decosimo, one of the 50 largest CPA firms in the United States. Mr. Costello has testified in over 200 cases as a financial expert witness; primarily in cases involving business valuation, economic damage, and forensic accounting issues. His appraisals have been accepted by various courts across the nation and have been used for transactional purposes. Mr. Costello has become known for his work in providing expert witnesses with practical ways to prevent and survive Daubert challenges.