Ellin and Tucker, Chartered - Certified Accountants and Business Consultants

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Accounting Services

DAMAGES

E&T has assisted clients and counsel in the review and preparation of damage claims as well as in defending against such claims in a broad variety of industries. Those engagements have included claims for lost profits, lost business value, increased costs and intellectual property damages. The Group's senior personnel have had extensive and very successful deposition and trial testimony experience on behalf of both plaintiffs and defendants. Areas of analysis related to damage claims frequently include, but are not limited to:

  • Review and analysis of historical and projected unit sales, selling prices, and profitability
  • Analysis of historical and projected market share
  • Quantification of the market size and opportunity
  • Evaluation of competitive and substitute product offerings
  • Evaluation of price elasticity and product price escalation or de-escalation
  • Determination of lost revenue
  • Analysis of fixed, variable, semi-variable, and incremental costs
  • Calculation of financing, cost of capital and opportunity costs
  • Determination of discount and interest rates
  • Determination of the relevant damages period
  • Determination of minority discounts, control premiums and marketability discounts
  • Evaluation of industry economics and structural changes
  • Analyses for defendants of the supporting foundation, relevance and reasonableness of plaintiff's damage claims
  • Determination of patent, trademark, trade secret and copyright infringement damages including lost profits and reasonable royalty rates

Please contact us for additional information regarding these services and the cases we have handled.

 

 

 

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