Commercial Damages Reduction Services – Recover the Maximum for Your Losses

Determining compensable commercial damages can be complex, but some key categories of loss may qualify.

Lost profits refer to net income or earnings the business would have gained if not for the harmful act. Calculations factor in revenue trends, costs, and other variables to reasonably estimate profits lost over a period.

Loss of business value relates to harm to goodwill, branding, competitive position, or diminished valuation – quantified by methods like discounted cash flow analysis. Extra expenses incurred due to the disruption represent added costs a business faces in dealing with the impacts.

Damage to reputation stems from harm to public image, trust, or standing with customers/partners; metrics like declines in new business relationships or retention rates help quantify.

Loss of customers or contracts specifically refers to identifiable business relationships severed.
Interruption of operations covers productivity losses and costs of business disruption; lost output, idle capacity, and restarting expenses may be considered.

The overarching goal is determining fair monetary compensation for the commercial harm done, using sound methods and evidence.

A few key techniques are commonly used:

• Financial modeling – Developing financial models to estimate lost profits, lost business value, or other financial losses. These models incorporate historical financial data, projections, and assumptions to quantify what the plaintiff’s financial position would have been but for the defendant’s actions.
• Benchmarking analysis – Comparing the plaintiff’s financial performance to industry averages or the performance of comparable companies. This can help support assertions about what growth, profit margins, etc. the plaintiff could have expected absent the alleged wrongdoing.
• Assessments of lost cash flows – Calculating the incremental cash flows the plaintiff expected to receive based on projections, contracts, or other information. The present value of these lost future cash flows represents a loss to the plaintiff.
• Other valuation techniques – Approaches like discounted cash flow analysis or multiple-based valuation may be used to estimate losses in business value. The value of assets or entire businesses before vs. after the issues in question can be compared.
• Accounting analysis – Forensic accountants dig into accounting records to quantify areas like lost sales, increased costs, or asset write-downs.

The goal is to use these financial and economic tools, the facts of the case, and expert experience to develop well-supported damage estimates. Documentation, assumptions, and reasoning are key, as the analyses will be scrutinized closely.

The damages claimed must be causally related to the defendant’s actions based on the standards of evidence for the case.

With sound analysis, we can provide the court or jury with monetary damage estimates that are proportional, reasonable, and grounded in objective information.

We have extensive experience providing expert witness services related to commercial damages across a wide range of industries. Our damages expert witness team has testified in cases involving manufacturing, retail, restaurants, professional services, technology, construction, healthcare, financial services, energy, transportation, and many other sectors.

Our consultants regularly handle complex business litigation matters as a firm focused solely on commercial damages consulting. We thoroughly understand the intricacies of financial analysis and are skilled at quantifying economic losses resulting from breach of contract, business interruption, lost profits, unfair competition, intellectual property infringement, and other types of commercial disputes.

Our damages expert witnesses have extensive experience in both State and Federal courts and are familiar with a vast array of industries. We carefully match each case with a consultant who has specialized expertise in the relevant industry and type of damages being claimed. This allows us to provide reliable and defensible calculations that will hold up under rigorous cross-examination.

Our team of professionals skilled in assessing losses has handled legal disputes for franchise owners across the globe, including the United States, Jordan, Brazil, Hong Kong, and India. We have experience working with various franchise models and brands. Some examples of the franchise systems we have appraised and examined include: TCBY, Mrs. Fields, Hogi Yogi, Radio Shack, Gold’s Gym, Anytime Fitness, ChemDry, ServPro, Tropicana, Half Dental, and Children’s Lighthouse Franchise Company. Our expertise covers major franchisees as well as regional developers.

We provide commercial damages consulting services to both plaintiffs and defendants. Our role is not to advocate for one side but rather to develop impartial, methodologically sound analyses of economic damages issues.

We have experience working with companies of all sizes and various industries and assisting counsel for plaintiffs and defendants. Our damages experts objectively assess available evidence to quantify alleged losses, critique opposing expert reports, and present clear testimony.

We aim to provide reliable insights that promote fair resolutions, regardless of who engages us. Though we are often retained by plaintiffs initially, we will work with any party requiring high-quality financial forensics services for litigation or dispute resolution.
Our goal is not to maximize or minimize claimed damages arbitrarily but to estimate them as accurately as the available information permits.

We have various methods at our disposal to rebut or challenge unreasonable or exaggerated damages claims. A core strategy is thoroughly analyzing the plaintiff’s damage calculation model and identifying flawed assumptions, inconsistencies, or mathematical errors.

We dig into the details of projected lost profits, claimed mitigation costs, or other alleged losses, and determine if they are supported by facts and industry standards. Where we find errors or unsupported projections, we can present alternative damage calculations using more reasonable inputs and assumptions.

Additionally, we look closely at the claimed causal linkage between the defendant’s alleged bad acts and the asserted damages. If the connection seems tenuous or relies on speculation, we can demonstrate other factors that likely influenced the claimed losses. Presenting an alternative causation theory can greatly reduce potential damages.
We also research industry practices and norms to determine if claimed mitigation costs or lost profits align with typical levels. Where they appear excessive, we can demonstrate a more reasonable range grounded in real-world data.

We have extensive experience serving as expert witnesses in commercial litigation matters. Our team includes:

• Franchise expert witness
• Gym expert witness
• Lost profits expert witness
• Trade secret damages expert
• Trademark damages expert
• Commercial litigation experts
• Contract dispute damages expert
• Economic damages analysis expert
• Intellectual property damages expert
• Breach of contract expert witness
• Damage analysis expert witness
• Embezzlement damages expert
• Financial dispute damages expert
• IP claim damages expert

Our seasoned consultants have testified on damages and valuation issues across nearly all types of business disputes.

Yes. As a leading commercial damages expert firm, we have nationwide availability to assist clients across the United States. Our team of highly experienced consultants is strategically located in major metropolitan hubs from coast to coast. This extensive geographic coverage allows us to efficiently accept engagements and provide expert support wherever our expertise is needed.

When a new matter arises, we thoroughly evaluate the specifics of the case and rapidly assemble the right team with the most relevant skills and knowledge to meet the client’s needs. Our consultants are seasoned professionals who are accustomed to traveling to conduct analysis, participate in meetings, and provide testimony when required. We pride ourselves on our flexibility and ability to quickly mobilize our resources to aid clients on matters arising throughout the country.

As an established firm of commercial damages experts serving clients nationwide, we understand the importance of flexibility when it comes to the scope and scale of matters requiring our specialized assistance. We have deliberately designed our service offerings and fee structures to accommodate projects of nearly any size, from single-plaintiff lawsuits to major class action cases.

Unlike some consulting firms that impose rigid minimum project fees, we take a customized approach focused on aligning our specific expertise and services to the unique needs of each client and case. Whether a small business owner suffered limited lost profits from a contract breach or thousands of plaintiffs collectively experienced major losses from a defective product, our goal is to provide valuable support scaled to the particular scope of work required.

We appreciate you reaching out to engage our expert services. Upon being retained, our team of highly experienced commercial damages experts will schedule an initial consultation to discuss the details of your situation and specific needs. During this meeting, we aim to comprehensively understand the relevant background, timeline of events, and nature of the damages incurred.

Following the consultation, we will request the necessary documentation and materials to perform a thorough analysis. This may include financial statements, contracts, correspondence, or any other records that shed light on the circumstances leading to the claimed losses. Our team will meticulously review these documents to identify relevant facts and figures pertinent to calculating damages.

Concurrently, we will conduct in-depth legal and industry research to ascertain the appropriate methodologies, standards, and precedent for quantifying damages, given the specifics of your case. Using our expertise, we will select and apply the most fitting approach to rigorously analyze the financial impact of the actions or events that caused harm to your business or interests.

And in the end, our analysis will culminate in the preparation of a comprehensive written damages report suitable for presentation in litigation or to support settlement negotiations. The final report will contain all the pertinent details of our investigation, calculations, methodologies, and conclusions organized clearly and logically. It will withstand scrutiny and effectively demonstrate the justification for the claimed amount of damages.

Throughout the process, we make ourselves available to provide status updates, discuss emerging issues, and answer any questions you may have. Our top priority is to deliver the highest caliber work product to fortify your position.