Commercial Damages
The economic cost and operating impacts of an unlawful act can in some instances put a company out of business.
Some of the more common types and causes of commercial damages include the following:
The cause and effect of commercial damages are numerous, and the range of loss estimates can vary significantly between experts.
Modern standards require that the other reasons for potential plan shortfalls be fully investigated and quantified. Without a good inventory and analysis of other contributing factors, your expert's conclusions may not be well reasoned or stand up to cross examination.
Some of the more common types and causes of commercial damages include the following:
| • Contract breach | • Non-compete |
| • Business Interruption | • Overstated expenses |
| • Expense reimbursement schemes | • Patent infringement |
| • Construction delay | • Trade Secrets |
| • Crop-yeild impacts | • Fiduciary responsibilities |
| • Franchise |
Daubert Challenges and Newly Adopted Professional Standards
Newly adopted professional standards for economicexperts and concern over Daubert challenges make the opinions of your expert subject to ever-closer scrutiny and cross examination.It's no Longer all "your fault"
No longer can some expected profit for a period of time be compared to the actual results and the difference all attributed to the unlawful act.Modern standards require that the other reasons for potential plan shortfalls be fully investigated and quantified. Without a good inventory and analysis of other contributing factors, your expert's conclusions may not be well reasoned or stand up to cross examination.