Broadcast Date: Friday, May 19, 2023
from 12:00 pm to 1:00 pm (ET)
Overview:
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.
Key topics include:
- Introduction and Overview of Economic Damages
- General Framework to Measure Economic Damages
- Reasonable Certainty Requirement
- Constructing the But-For World
- Frequently Arising Issues
Credit:
Course Level:
Intermediate
Advance Preparation:
Print and review course materials
Method of Presentation:
On-Demand Webcast
Prerequisite:
General knowledge of commercial litigation
Course Code:
1410599
NY Category of CLE Credit:
Areas of Professional Practice
Total Credit:
1.0 CLE
How to Claim CLE Credits Per State:
https://knowledgewebcasts.com/how-to-claim-cle-credits-per-state/
CLE State Requirements:
https://knowledgewebcasts.com/cle-state-requirements/
CPE State Requirements:
Speaker:
Xiang (Jerry) Li, Associate Director
Energy Market and Damages Expert
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.
Agenda:
Xiang (Jerry) Li, Associate Director
NERA Economic Consulting
- Introduction and Overview of Economic Damages
- General Framework to Measure Economic Damages
- Reasonable Certainty Requirement
- Constructing the But-For World
- Frequently Arising Issues
Date & Time:
Friday, May 19, 2023
12:00 pm to 1:00 pm (ET)
Who Should Attend:
- Litigation Attorneys
- Intellectual Property Attorneys
- Patent Attorneys
- Corporate Attorney
- Patent Litigators
- Forensic Accountants
- Damage Experts
- Chief Security Officers
- Chief Risk Officers
- General Counsel
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| A Practical Guide in Litigation Finance: Practical Tips and Strategies | CLE: 1.0 Credit | Broadcast Date: Monday, November 09, 2020 from 12:00 pm to 1:00 pm (ET) | Price Includes CLE & Recording | $69.00 | |
| Litigation Funding: Maximizing Potentials While Mitigating Risks | CLE: 1.0 Credit | Broadcast Date: Monday, August 10, 2020 from 1:00 pm to 2:00 pm (ET) | Price Includes CLE & Recording | $69.00 | |
| National Developments in Trade Secret Misappropriation: Trends in DTSA Litigation Post Enactment and Approaches to Damages and Best Practices | CLE: 1.0 | Broadcast Date: Tuesday, August 18, 2020 from 3:00 pm to 4:00 pm (ET) | Price Includes CLE & Recording | $69.00 | |
| The US Federal Reserve’s Main Street Lending Program: Demystifying the Good, the Bad, and the Ugly | CLE: 1.0 Credit | Broadcast Date: Monday, November 23, 2020 from 3:00 pm to 4:00 pm (ET) | Price Includes CLE & Recording | $69.00 | |
| The 2021 Proxy Season: Key Considerations to Avoid Pitfalls | CLE: 1.0 Credit | Broadcast Date: Tuesday, November 17, 2020 from 12:00 pm to 1:00 pm (ET) | Price Includes CLE & Recording | $69.00 | |
| How to Manage and Resolve Complex Commercial Disputes: A Practical Guide | CLE: 2.0 Credits | CPE: 2.0 Credits (Not eligible for QAS (On-demand) CPE credits) | Broadcast Date: Thursday, August 20, 2020 from 3:00 pm to 5:00 pm (ET) | Price Includes CLE & Recording
| $69.00 | |
| FINRA Arbitrations: A Comprehensive Guide for 2020 and Beyond | CLE: 2.0 Credits | Broadcast Date: Thursday, August 06, 2020 from 12:00 pm to 2:00 pm (ET) | Price Includes CLE & Recording | $69.00 | |
| Ransomware Prevention and Crackdown: Long-Term Solution and Defense Tactics | CLE: 1.0 Credit | Broadcast Date: Friday, November 13, 2020 from 12:00 pm to 1:00 pm (ET) | Price Includes CLE & Recording | $69.00 | |
| Food and Drug Regulatory Trends and Developments: Navigating Implications for the Year Ahead | CLE: 1.0 Credit | Broadcast Date: Wednesday, August 05, 2020 from 3:00 pm to 4:00 pm (ET) | Price Includes CLE & Recording | $69.00 | |
| Detecting and Preventing Identity Fraud with Machine Learning: Managing Potentials and Perils | CLE: 1.5 Credits | Broadcast Date: Wednesday, September 30, 2020 from 12:00 pm to 1:30 pm (ET) | Price Includes CLE & Recording | $69.00 | |
| The Hatch-Waxman and IPR Strategy in Light of Recent Case Decisions: Addressing Emerging Issues | CLE: 1.5 Credits | Broadcast Date: Wednesday, August 05, 2020 from 12:00 pm to 1:30 pm (ET) | Price Includes CLE & Recording | $69.00 | |
| Synthetic Identity Fraud Detection and Prevention: Best Practices for Companies | CLE: 2.0 Credits | CPE: 2.0 Credits (Not eligible for QAS (On-demand) CPE credits) | Broadcast Date: Thursday, September 17, 2020 from 12:00 pm to 2:00 pm (ET) | Price Includes CLE & Recording | $69.00 | |
 | A Comprehensive Guide on Toxic Tort Litigation: Trends and Best Practices Explored | CLE: 1.5 Credits | Broadcast Date: Monday, June 7, 2021 from 12:00 pm to 1:30 pm (ET) | Price Includes CLE & Recording | $69.00 | |
| The Evolving Landscape of the CCPA and COPPA: What You Should Know and Do | CLE: 1.0 Credit | Broadcast Date: Thursday, September 24, 2020 from 3:00 pm to 4:00 pm (ET) | Price Includes CLE & Recording | $69.00 | |
 | Practical Trademark Perspectives from U.S. and Canadian Counsel | CLE: 1.5 Credits | Broadcast Date: Tuesday, September 28, 2021 from 3:00 to 4:30 PM ET | Price Includes CLE & Recording | $69.00 | |
| Trends and Developments on Independent Contractors Classification: A Practical Guide | CLE: 1.5 Credits | Broadcast Date: Wednesday, December 02, 2020 from 12:00 pm to 1:30 pm (ET) | Price Includes CLE & Recording | $69.00 | |
| Trade Secret Protection for AI: A Comprehensive Guide | CLE: 1.5 Credits | CPE: 1.5 Credits (Not eligible for QAS (On-demand) CPE credits) | Broadcast Date: Monday, December 14, 2020 from 12:00 pm to 1:30 pm (ET) | Price Includes CLE & Recording | $69.00 | |
| A Comprehensive Guide on Pre-Trial and Evidentiary Hearings: Preparation Strategies You Need to Know | CLE: 1.5 Credits | Broadcast Date: Monday, September 21, 2020 from 12:00 pm to 1:30 pm (ET) | Price Includes CLE & Recording | $69.00 | |
| False Claims Act: A Look Back and 2021 Expectations | CLE: 1.0 Credit | Broadcast Date: Thursday, December 03, 2020 from 12:00 pm to 1:00 pm (ET) | Price Includes CLE & Recording | $69.00 | |
| Business Interruption Insurance: Lessons Learned from the Pandemic | CLE: 1.5 Credits | CPE: 1.5 Credits (Not eligible for QAS (On-demand) CPE credits) | Broadcast Date: Thursday, September 03, 2020 from 12:00 pm to 1:30 pm (ET) | Price Includes CLE & Recording | $69.00 | |
| Demystifying the Current Landscape of Securities Litigation: Practical Tips and Strategies You Must Know | CLE: 1.5 Credits | Broadcast Date: Wednesday, November 04, 2020 from 3:00 pm to 4:30 pm (ET) | Price Includes CLE & Recording | $69.00 | |
| Supply Chain Risks in the Face of COVID-19: Awareness and Mitigation Strategies | CLE: 1.0 Credit | Broadcast Date: Wednesday, September 02, 2020 from 3:00 pm to 4:00 pm (ET) | Price Includes CLE & Recording | $69.00 | |
| AML/CTF: Trends, Developments and Enforcement Actions to Guide Companies in 2021 | CLE: 1.0 Credit | CPE: 1.0 Credit (Not eligible for QAS (On-demand) CPE credits) | Broadcast Date: Monday, December 14, 2020 from 4:00 pm to 5:00 pm (ET) | Price Includes CLE & Recording | $69.00 | |
| COVID-19: Immediate Issues Facing Employers | CLE: 1.5 Credits | Broadcast Date: Wednesday, April 29, 2020 from 3:00 pm to 4:30 pm (ET) | Price Includes CLE & Recording | $69.00 | |
| Data Breach Litigation in the 2020 Landscape: Practical Tips and Strategies to Avoid the Pitfalls | CLE: 1.5 Credits | Broadcast Date: Wednesday, January 15, 2020 from 3:00 pm to 4:30 pm (ET) | Price Includes CLE & Recording | $69.00 | |
| Effective Witness Preparation Techniques: A Comprehensive Guide | CLE: 1.5 Credits | Broadcast Date: Wednesday, April 08, 2020 from 3:00 pm to 4:30 pm (ET) | Price Includes CLE & Recording | $69.00 | |
| ERISA Litigation: Navigating Through Complexities | CLE: 1.5 Credits | Broadcast Date: Tuesday, June 30, 2020 from 3:00 pm to 4:30 pm (ET) | Price Includes CLE & Recording | $69.00 | |
| Inter Partes Reviews & Post Grant Proceedings: Winning Strategies in the 2020 Battlefield | CLE: 1.5 Credits | Broadcast Date: Thursday, June 25, 2020 from 12:00 pm to 1:30 pm (ET) | Price Includes CLE & Recording | $69.00 | |
| Patent Protection for Pharma and Biotechnology in 2020 | CLE: 1.5 Credits | Broadcast Date: Thursday, April 23, 2020 from 3:00 pm to 4:30 pm (ET) | Price Includes CLE & Recording | $69.00 | |
| Responding to and Dealing with SEC Investigations: A Comprehensive Guide | CLE: 1.5 Credits | Broadcast Date: Tuesday, June 09, 2020 from 12:00 pm to 1:30 pm (ET) | Price Includes CLE & Recording | $69.00 | |
| The DOJ’s “No-Poach” Agreements: Navigating Implications to the Year Ahead and Beyond | CLE: 1.5 Credits | Broadcast Date: Tuesday, May 26, 2020 from 3:00 pm to 4:30 pm (ET) | Price Includes CLE & Recording | $69.00 | |
| Trends and Developments in the Defend Trade Secrets Act in 2020: What You Must Know and Do | CLE: 2.0 Credits | Broadcast Date: Monday, April 27, 2020 from 3:00 pm to 5:00 pm (ET) | Price Includes CLE & Recording | $69.00 | |
| Trends and Updates in ERISA: Critical Issues and Best Practices in Light of Recent Cases | CLE: 1.0 Credit | Broadcast Date: Tuesday, April 07, 2020 from 3:00 pm to 4:00 pm (ET) | Price Includes CLE & Recording | $69.00 | |
| Trends and Developments in Trade Secrets: What Companies Must Know and Do | CLE: 2.0 Credits | Broadcast Date: Thursday, December 10, 2020 from 3:00 pm to 5:00 pm (ET) | Price Includes CLE & Recording | $69.00 | |
 | Non-Jury Trials: Best Litigation Practices Explored | CLE: 1.0 Credit | Broadcast Date: Thursday, July 30, 2020 from 3:00 pm to 4:00 pm (ET) | Price Includes CLE & Recording | $69.00 | |
 | EAR, ITAR, and OFAC Regulations: Fundamentals, Trends and Compliance Issues in 2019 | CLE: 1.5 Credits | Broadcast Date: Wednesday, May 22, 2019 from 3:00 pm to 4:30 pm (ET) | Price Includes CLE & Recording | $69.00 | |
| US Tariffs, Trade Wars, and Sanctions: Trends and Developments to Watch Out For | CLE: 1.0 Credit | Broadcast Date: Thursday, July 09, 2020 from 3:00 pm to 4:00 pm (ET) | Price Includes CLE & Recording | $69.00 | |
 | New IRS Regulations on Qualified Opportunity Zones: What You Must Know and Do | CPE: 1.0 Credit (Not eligible for QAS (On-demand) CPE credits) | Broadcast Date: Wednesday, October 28, 2020 from 12:00 pm to 1:00 pm (ET) | Price Includes Recording | $69.00 | |
 | Effectively Manage KYC Compliance: Keep Up with the Times by Getting Back to Basics | CLE: 1.0 Credit | Broadcast Date: Wednesday, August 11, 2021 from 3:00 PM to 4:00 PM ET | Price Includes CLE & Recording | $69.00 | |
 | Mental Health and Substance Use Issues Management: Practical Tips and Strategies for Lawyers | CLE: 1.0 Credit | Broadcast Date: Friday, October 15, 2021 from 3:00 pm to 4:00 pm ET | Price Includes CLE & Recording | $69.00 | |
 | OFAC Regulations and the Economic Sanctions Compliance Programs: Best Practices | CLE: 1.0 | Broadcast Date: Thursday, September 29, 2022 from 12:00 pm to 1:00 pm (ET) | Price Includes CLE & Recording | $69.00 | |
| Representation and Warranty Insurance: Exploring Trends, Updates, and Challenges Amidst the COVID-19 Pandemic | CLE: 1.0 Credit | Broadcast Date: Monday, November 30, 2020 from 12:00 pm to 1:00 pm (ET) | Price Includes CLE & Recording | $69.00 | |
 | The Complex World of Opportunity Zones: Meeting Reporting Requirements and Keeping Penalties at Bay | CLE: 2.0 Credits | Broadcast Date: Tuesday, November 10, 2020 from 12:00 pm to 2:00 pm (ET) | Price Includes CLE & Recording | $99.00 | |
 | Software Patents Post-Alice: Where Are We Now | CLE: 2.0 Credits | Broadcast Date: Wednesday, November 18, 2020 from 3:00 pm to 5:00 pm (ET) | Price Includes CLE & Recording | $0.00 | |
 | The Intersection of Artificial Intelligence and Intellectual Property: Hot Buttons in 2020 | CLE: 2.0 Credits | Broadcast Date: Thursday, July 23, 2020 from 3:00 pm to 5:00 pm (ET) | Price Includes CLE & Recording | $69.00 | |
| Anti-Money Laundering Due Diligence and Compliance in the 2020 Landscape: Going Beyond the Horizon | CLE: 1.0 Credit | Broadcast Date: Thursday, June 25, 2020 from 4:00 pm to 5:00 pm (ET) | Price Includes CLE & Recording | $69.00 | |
 | 'Zombie' LIBOR for USD Contracts: Navigating the Critical Issues | CLE: 1.0 Credit | CPE: 1.0 Credit (Not eligible for QAS (On-demand) CPE credits) | Broadcast Date: Wednesday, May 12, 2021 from 12:00 pm to 1:00 pm (ET) | Price Includes CLE & Recording | $69.00 | |
 | Calculating Lost Profits in Construction Claims: A Practical Guide | CLE: 1.0 Credit | CPE : 1.0 Credit (Not eligible for QAS (On-demand) CPE credits) | Broadcast Date: Monday, January 25, 2021 from 12:00 pm to 1:00 pm (ET) | Price Includes CLE & Recording | $69.00 | |
 | False Claims Act and COVID-19 Implications: Key Considerations and Best Practices | CLE: 1.0 Credit | CPE: 1.0 Credit (Not eligible for QAS (On-demand) CPE credits) | Broadcast Date: Wednesday, February 24, 2021 from 12:00 pm to 1:00 pm (ET) | Price Includes CLE & Recording | $69.00 |
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