DeMoura|Smith partner, Ken DeMoura, recently spoke about proving and challenging lost profit claims in business cases at the Litigation Counsel of America’s Fall Conference & Induction of Fellows in San Diego, California. Attendees at the conference are all Fellows of the LCA, a trial lawyer honorary society which represents less than one-half of one percent of American lawyers.
Lost profit damages arise in a variety of lawsuits, from the garden variety breach of contract claim to the complex IP case, and business torts in between. Seasoned trial lawyers will inevitably have to prove or challenge a claim for lost profit damages. Ken's presentation focused on the methods applied to determine and calculate lost profits, approaches to discovery, the use of experts, consultants and other resources, effective plaintiff and defense strategies, and recent trends and cases. The PowerPoint slides of Ken’s presentation, given on October 13, 2022, are available here.
Ken was inducted as a LCA Fellow in 2010 and served as President of this national organization in 2019. Fellowship in the Litigation Counsel of America is highly selective and by invitation only. Fellows are carefully selected based upon evaluations of excellence, effectiveness and accomplishment in litigation, and superior ethical reputation. The LCA seeks a high level of diversity in its composition and includes Women’s and Diversity Initiatives. Established as a trial and appellate lawyer honorary society reflecting the American bar in the twenty-first century, the LCA represents the best in law among its membership.