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Lost Profits and Damages


Lost Profits and Damages is a resource guide to publications which focus on lost profits, business interruption losses, and other business damages.

Each entry below includes the source organization and a link to its website, a description of the resource and its primary features, and indicates any information that is accessible free online.

For a comprehensive listing of books, publications, and other resources which focus on business appraisal, intangible asset appraisal, and related financial and economic topics, see Business Valuation Books and Publications.


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Recovery of Damages for Lost Profits, Sixth Edition
Robert L. Dunn, Lawpress Corporation, 2005, annual supplemental updates
Frequently cited by the courts as authority, this publication provides an incisive, well-organized analysis of significant cases in the federal and 50-state jurisdictions, plus practice guidance that explains how to calculate, present, and prove lost profits.

Measuring Business Interruption Losses and Other Commercial Damages
Patrick A. Gaughan, Wiley, 2003
Text reviews losses resulting from the interruption of a business's operations, and discusses related types of commercial damages.

Litigation Services Handbook: The Role of the Financial Expert
Roman Weil, Peter Frank, et al., Wiley, 4th Edition, 2007, annual updates
Handbook includes all aspects of litigation services, including current environments, the process itself, a wealth of cases, how to prove damages, and practical considerations of court appearances. The new edition has a heavy focus on fraud investigations and complying with Sarbanes-Oxley requirements.

PPC Guide to Litigation Support Services
Practitioners Publishing Company, annual
Three-volume set covers personal injury, wrongful death, wrongful termination, mediation and arbitration, bankruptcy, lost profit analyses, claims against accountants, employee fraud, criminal tax fraud, and insurance claims. Detailed table of contents available free online.

BVR's Guide To Lost Profits Damages Case Law
Business Valuation Resources, LLC, annual updates.
Case law guide includes abstracts of 200 court cases and quick reference summary table by case name, court and jurisdiction, type of action, and holding. Eight chapters cover important topics in economic loss calculations, including reasonable certainty, new business rule, determining net lost profits, and taking into account mitigation considerations.

Determining Economic Damages
Gerald D. Martin, James Publishing, updated annually
Comprehensive guide to personal injury damage assessment and proof includes sections on how to: determine past and future income losses; compute the value of fringe benefits; adjust for personal consumption; adjust for income taxes; measure the replacement value of household services, compute life and worklife expectancy; convert medical and rehabilitation reports into dollar values; convert future losses to their present value; put everything together to calculate loss, prepare the case and expert for trial; and depose and cross-examine the opposing expert.

Intellectual Property Damages: Guidelines and Analysis
Mark Glick, Lara Reymann, Richard Hoffman, Wiley, 2002
Contents include basics of the intellectual property litigation process, the essential "rules" in postulating damages theories, the basics of intellectual property law, the economic policies that are the foundation for much of intellectual property litigation, the skills necessary to correctly calculate damages in intellectual property cases.

Intellectual Property: Valuation, Exploitation, & Infringement Damages
Gordon V. Smith, Russell L. Parr, Wiley, 2005
This book is designed to simplify the process of attaching a dollar amount to intangible assets, be it for licensing, mergers and acquisitions, loan collateral, or investment purposes. It provides practical tools for evaluating the investment aspects of licensing and joint venture decisions, and discusses the legal, tax, and accounting practices and procedures related to such arrangements; examines the business economics of strategies involving intellectual property licensing and joint ventures; and provides analytical models that can be used to determine reasonable royalty rates for licensing and for determining fair equity splits in joint venture arrangements.

Economic Damages In Intellectual Property;
A Hands-On Guide To Litigation

Daniel Slottje, Editor, Wiley, 2006.
Guidebook provides insight on quantification of damages in intellectual property cases with comprehensive coverage of patent, copyright, and trademark cases; economic principles applied to IP litigation; lost profit analysis; reasonable royalty analysis; evaluation of loss claims in trade secrets cases; and commonly debated issues in performing economic loss analyses in intellectual property matters.

Economic Damages
AICPA Forensic and Valuation Services Center
Various articles, publications, and other resources which provide information on calculating damage estimates for both businesses and individuals, including lost profits, personal injury, wrongful death, and employment discrimination cases. Selected items available free online.



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