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Overview:

Today’s legal landscape presents a higher degree of challenge for businesses when it comes to lost profits damages calculation. The changing regulations and notable court cases constantly shape the process making it more complex as the years pass. Thus, it is also becoming more imperative for companies and their counsel to be acquainted with the legal updates and governing principles in this area of law. Adherence to the appropriate legal principles, proper defense strategy planning, and effective methodologies must be carefully considered to increase the accuracy of lost profits damages calculation.

In this LIVE Webcast, a panel of key thought leaders and practitioners assembled by The Knowledge Group will provide the audience with a comprehensive discussion of how to effectively calculate lost profit damages. Speakers will also offer best practices considering the recent trends, developments, and notable cases.

Some of the major topics that will be covered in this course are:

  • Best Practices in Calculating Lost Profits
  • Risks and Challenges
  • Lost Profit Damages – Recent Trends and Developments
  • Notable Court Cases

Learning Objectives:

  • Determine the considerations in selecting the appropriate method and model to calculate lost profits
  • Identify key points in calculating incremental costs
  • Recognize the considerations in developing discount rates and in including intervening factors in lost profit calculation

Credit:

Course Level:

Intermediate

 

Advance Preparation:

Print and review course materials

 

Method of Presentation:

On-demand Webcast (CLE); Group-Internet Based

 

Prerequisite:

General knowledge of commercial litigation

 

Course Code:

148735

 

NY Category of CLE Credit:

Areas of Professional Practice

 

NASBA Field of Study:

Business Law - Technical

 

Total Credits:

1.5 CLE

1.5 CPE (Not eligible for QAS (On-demand) CPE credits)


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/

Speaker Panel:

Matt Germane, MBA , Principal
Lone Peak Valuation Group

Mr. Germane is a Shareholder of the Lone Peak Valuation Group and has over 15 years of litigation support and business valuation experience. Mr. Germane’s primary focus lies in measuring and presenting economic damages in complex commercial litigation matters, including lost profits, reasonable royalty, unjust enrichment, among others.  In addition, Mr. Germane has experience and training in business valuation. His experience includes expert testimony, financial analysis, economic research, and financial modeling in the automobile, construction, network marketing, high technology, and electronics industries.

Tyson Mietus , Principal
Lone Peak Valuation Group

Mr. Mietus is a Principal at Lone Peak Valuation Group. Mr. Mietus provides a variety of services in the area of litigation services. Most often, Mr. Mietus is hired as a consulting expert, expert witness, and to perform damages calculations. Mr. Mietus holds a bachelor’s degree in Accounting and an MBA.

Will Boesen, CFA , Manager
Lone Peak Valuation Group

Mr. Boesen is a Manager with Lone Peak Valuation Group and has been involved in a wide variety of commercial litigation cases and business valuation engagements. His litigation experience includes cases involving intellectual property, breach of contract, and natural resources, among others.

Prior to working with Lone Peak, Mr. Boesen worked as a valuation consultant for Duff & Phelps Corporation. His work there involved performing valuations for financial reporting, tax, and transaction consulting purposes.

Agenda:

SEGMENT 1:

Matt Germane, MBAPrincipal

Lone Peak Valuation Group

  • Determining what model the expert should utilize in his/her calculation
  • Conventional methods to measure lost revenue
  • Understanding what economic factors drive revenue
  • Determining if your revenue projection is reasonable

SEGMENT 2:

Tyson MietusPrincipal

Lone Peak Valuation Group

  • Incremental costs
    • Conventional methods of calculating incremental (avoided) costs.
    • Determining fixed v. variable costs
    • Analyzing the underlying business
    • Benchmark’s and reasonableness
    • Applicable cases and examples

SEGMENT 3:

Will Boesen, CFAManager

Lone Peak Valuation Group

  • Discount Rates
    • Understanding what’s at stake in your discount rate
      • Using the appropriate rate: WACC vs. Return on Equity
      • Cost of Equity Calculation Methods
      • Specific Company Risk Premium – a minefield
      • Getting ahead of potential points of contention
  • Intervening Factors
    • Post hoc ergo propter hoc fallacy (‘after this, therefore because of this’)
    • Sources highlighting the importance of experts considering intervening factors
    • How to build a report and calculation that survives critique from opposing experts regarding intervening factors

Date & Time:

Tuesday, July 07, 2020

12:00 pm to 1:30 pm (ET)

Materials:

Download Course Materials

Who Should Attend:

  • Litigation Attorneys
  • Damage Experts
  • General Counsel
  • Forensic Accountants
  • Business Executives
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SPEAKERS

Matt Germane, MBA Principal
Lone Peak Valuation Group
Tyson Mietus Principal
Lone Peak Valuation Group
Will Boesen, CFA Manager
Lone Peak Valuation Group

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