The before-and-after method is the most reliable method of proving damages for lost profits. The analyst compares the plaintiff's performance during two periods, one (the “benchmark period”) in which the plaintiff's performance is not affected by the defendant's conduct, and another (the...

Consequential (or indirect) losses in the form of lost profits are usually suffered and claimed in civil cases of breaches of supply or service contracts, unfair competition, bankruptcy cases, and other instances where a defendant's wrongful actions cause lost profits to the plaintiff's...

Punitive damages have long been viewed as taxable by the IRS, and that view was enshrined in 1996 with a U.S. Supreme Court case and a statutory change to section 104. Yet there remains a narrow exception from this treatment that exempts limited damages for wrongful death. Wood explores this...

This article deals with the method of calculating lost profits, or determining the relevant basic formula, respectively. The aim is to summarise the knowledge about the used calculations, evaluate them and comment on the possibility of their use with regard to the purpose of the prepared...