Economic Damages

Businesses and investors operating in today’s competitive environment are increasingly exposed to complex commercial litigation that can threaten their business objectives and/or economic positions. BVA Group has substantial expertise that enables us to offer valuable advice to our clients and insightful testimony to fact-finders on economic damages and other financial issues.

Our professionals have advised and testified on economic damages measures including:

  • Lost profits
  • Lost value
  • Unjust enrichment
  • Benefit-of-the-bargain and reliance damages
  • Reasonable royalties
  • Diminution of value

Whether calculating an affirmative damages claim or analyzing an economic damages calculation by another expert, we apply proven and accepted methodologies in assessing damages. For example, our professionals are well-versed in navigating the intricacies associated with the assessment of the various components of a lost profits calculation, such as:

  • Estimating lost incremental profits (lost revenues minus incremental costs)
  • Properly considering economic loss causation
  • Determining the period of loss
  • Estimating an appropriate discount rate
  • Considering any economic mitigation

In addition to our technical acumen, our experts are skilled in communications, both verbal and written, and convey highly technical and complex damages analyses in straightforward and understandable terms. Our experts have testified regarding economic damages in numerous state and federal district courts, as well as arbitration, both in the U.S. and internationally.

While our professionals are well-versed in providing expert testimony on economic damages, BVA’s service offering extends far beyond expert reports and testimony. BVA is often asked to advise in a consulting capacity throughout the lifecycle of a case on various issues, such as:

  • Early case assessment
  • Assisting with discovery requests
  • Identifying key financial issues
  • Assessing the magnitude of various financial aspects of a case
  • Analyzing the opposing side's claims
  • Assisting in settlement negotiations and mediation
  • Preparing counsel for deposition and cross examination of opposing experts