A damages expert witness typically possesses an advanced degree and has a background and expertise in forensic accounting, business valuation, financial forensics, certified public accounting, and/or economic damage analysis.
An economic damage award attempts to measure, financially, the extent of harm a plaintiff has suffered. There are three main categories of economic damages:
Compensatory Damages – This economic damage category is intended to restore what a plaintiff has lost as a result of a defendant’s wrongful conduct. Compensatory damages compensate for financial damage due to loss, injury, or harm suffered.
Nominal Damages – Normally a relatively small amount of money, a nominal damage is awarded to plaintiff in a dispute who establishes that there was suffering due to the wrongful conduct of a defendant, but cannot provide a proof of a loss that can be compensated.
Punitive Damages – Punitive damages are awarded not as compensation, but to punish the wrongdoer and to act as a deterrent to others who might engage in similar conduct. Punitive damages may be awarded in addition to compensatory damages when a defendant’s conduct is particularly malicious or willful.
Examples of Damages expert witness matters that Cahn Litigation has identified experts for include:
Expert witness services by a damages expert witness could include lost profits calculations, reasonable royalty damages calculations, business valuation, damage analysis, expert opinion, and/or expert testimony. In a high-profile case, or litigation involving a significant financial stake, an attorney may require a testifying expert with prior courtroom testimony experience. In addition, clients may seek an industry expert for pre-litigation consulting work.
While many experts have damages expertise, an expert witness carries the additional responsibility of providing testimony before the court in a manner whereby lay people (a jury) can understand the situation and evidence.
Please Note: All Cahn Litigation expert witness searches are customized to attorneys' precise specifications and preferences. Attorneys are encouraged to discuss search parameters with a Cahn search specialist.
The below expert witness bios represent a small fraction of those Damages experts known by Cahn Litigation Services. These bios are provided to give attorneys a sense of the Damages landscape.
This expert holds a PhD in Economics from an Ivy League School. This expert specializes in antitrust, intellectual property, and the evaluation of commercial damages and has decades of experience in litigation involving patent damages, pharmaceuticals and antitrust issues. This expert serves as a managing Director for a global consultancy dedicated to applying economic, finance, and quantitative principles to complex business and legal challenges. This expert provides strategies, studies, reports, expert testimony, and policy recommendations for government authorities and the world's leading law firms and corporations. In the antitrust area, this expert has analyzed the competitive consequences of numerous mergers in a wide range of industries, including agricultural products, chemicals, consumer products, medical devices, pharmaceuticals, and semiconductors, among many others; this expert has frequently presented the results of the analyses to US antitrust agencies and courts. In addition, this expert has addressed liability and damages issues involving allegations of predatory pricing, monopolization, price discrimination, resale price maintenance, tying, and other antitrust violations in a variety of different industries. Many of this expert's antitrust inquiries have focused specifically on intellectual property and its unique role in the analysis of market power and competitive effects. In the intellectual property area more generally, this expert has evaluated economic damages in cases involving patent infringement, trade secrets, trade dress, Lanham Act violations, and other claims. This expert has written and lectured extensively on the use of economic analysis in these matters. This expert has also evaluated liability and damages issues in many other settings. This expert has calculated economic damages in cases involving allegations of breach of contract, fraud, and misrepresentation, among many other issues. This expert has also studied commodity futures markets in several cases involving allegations of market manipulation. This expert has testified before state and federal courts, the US Federal Trade Commission, and various other regulatory bodies. This expert's articles and speeches have been invited and published by the American Bar Association, the Practicing Law Institute, European Competition Law Review, and many other comparable institutions.
This expert holds a PhD in Economics and serves as a Senior Economist for a highly sought-after economics consultancy. As a testifying and consulting expert, this expert applies economic analysis and econometrics to liability and damages estimation for intellectual property, antitrust, and other complex litigation matters. This expert also values intellectual property for joint ventures and other non-litigation contexts. This expert's analyses have covered a wide variety of industries ranging from information technology, health care, asset-based lending, and insurance to products such as pharmaceuticals, consumer packaged goods, high-performance swimwear, vaccines, and power tools. This expert has particular expertise analyzing large relational databases, cross-sections, and panel datasets of commercial transactions, health care claims, and pricing, especially in the large-scale, class action context. This expert has served as a testifying expert about trademark damages, benchmarking the reasonableness of billed charges for health care services, and about the use of cost-benefit analysis in product liability. This expert has been an expert witness with the National Institute for Trial Advocacy (NITA) and the Trial Advocacy Group. As a consulting expert, this expert has provided analysis in antitrust and intellectual property cases on issues such as market pricing, competition, market power, common impact, reasonable royalties, and by constructing financial and econometric damages models. Additionally, this expert has valued trade secrets and monitored the viability and competitiveness of business divestitures of merging multinational firms as part of compliance with structural remedies for the multiple government organizations. In addition to consulting, this expert has taught microeconomics at the college level.
Director of a nationally recognized consultancy specializing in Business Consulting and Accounting, this expert brings to the table many years of experience in forensic accounting/investigation, economic damages, insurance and litigation support services, as well as business valuations. This expert also has a long history of consulting on insurance damage claims including limited partnerships, intellectual property, trademark valuation, and shareholder and partner disputes. This expert's practice spans various service segments in regions throughout the United States. This expert has consulted on thousands of economic damages, construction delay, lost income, bodily injury, wrongful death, employee dishonesty, construction, and other insurance claims exceeding hundreds of millions of dollars in the United States and abroad. This expert also has prepared numerous business valuations of privately held companies as a whole and as partial interests. This expert's expertise also includes forensic accounting, fraud investigation, and litigation support services including assistance in case analysis, preparation for trial, and expert witness testimony.
This expert leads the Dispute Consulting group and intellectual property valuation practice of an internationally recognized consultancy, specializing in Valuation Advisory, Transaction Opinions, and Dispute Consulting. This expert has served as a damages expert witness in a wide array of litigation matters, including intellectual property and general commercial disputes. This expert has offered opinions in Federal District Court and in arbitrations on issues including lost profits, reasonable royalties, unjust enrichment, price erosion, prejudgment interest, and other compensation topics, including determination of incremental costs, market share, and manufacturing and marketing capacity. This expert also has experience in determining the value of intangible assets, including intellectual property, for a variety of purposes, including licensing, mergers & acquisitions, technology management and commercialization, and tax planning. This expert has written articles and made presentations to numerous professional groups on topics including intellectual property damages determination, damages discovery and trial presentation, intangible asset valuation, and intellectual property licensing. This expert has been an Adjunct Professor at a Law School, where this expert taught a course in intellectual property valuation.
This expert specializes in the economic analysis of intellectual property, including the assessment of economic alternatives, lost profits, price erosion, reasonable royalties, and other valuation/damages issues. This expert also has extensive experience providing detailed analyses and expert reports, evaluating antitrust issues and economic damages associated with false advertising, antitrust, fraud, termination, and business interference claims. This expert has frequently served as an expert witness on significant patent infringement matters and has testified on patent infringement damages in trial in district courts across the United States. This expert has also provided testimony at hearings at the International Trade Commission, and in trial and arbitrations in other matters throughout America and in Sweden.
As an economic consultant, this expert has worked on projects covering hundreds of companies from numerous high-technology industries, including consumer electronics, information services, semiconductors, computers and components, TVs and displays, software and games, as well as telecommunications (including cell phones and mobile networks), broadcasting, automotive, oilfield equipment, biotechnology and medical equipment. In addition to leading to expert testimony, these efforts include assisting in the evaluation and negotiation of patent license agreements. With extensive, continuous exposure to leading company and industry information sources, this expert has acquired a comprehensive knowledge of the competitive, licensing and financial environments. This expert also has expertise with economic analysis in a number of other industries, including real estate, construction, entertainment, and consumer goods. This expert has also written and lectured on patent damages and intellectual property valuation. This expert holds an MA and BA in Economics .
This expert specializes in the application of financial and economic analyses to complex business matters involving litigation, technology licensing, and valuation, including the use of econometric methods to apportion value among inputs in complex devices. This expert has performed research, given economic testimony, and provided consultation in intellectual property, licensing, commercial damages, and antitrust matters - including the evaluation of economic damages involving lost profits, reasonable royalties, price erosion, unjust enrichment, profit disgorgement, and prejudgment interest - in patent, copyright, trade secret, trademark, and antitrust cases. This expert has also overseen the analysis of fair, reasonable, and non-discriminatory (FRAND) commitments and the economics of licensing standard essential patents (SEPs) in arbitration matters, federal district court cases, and at the US International Trade Commission (ITC); assessed intellectual property valuation, monetization, and licensing; and evaluated antitrust liability and damages for patent misuse and monopolization, as well as damages arising from incorrect inventorship.
This expert's experience covers a diverse range of industries, from computer hardware and software, semiconductors and cellular telephony to manufacturing processes, consumer products and pharmaceuticals.
For many years, this expert has delivered consulting services and expert testimony in commercial litigation matters concerning economic, financial, and business issues. While this expert is primarily focused on the calculation of economic damages, this expert has also assessed liability and provided non-litigation consulting services. As a consultant in a variety of complex litigation matters, this expert has advised on issues involving intellectual property disputes, breach of contract, predatory pricing and buying, antitrust monopolization, personal injury, and employment disputes. This expert's experience spans industries such as semiconductors, computers, consumer products and financial services, biotechnology, pharmaceuticals, and medical devices. This expert has been the designated expert witness or non-litigation project leader in more than 70 matters, including cases involving intellectual property (patent infringement, misappropriation of trade secrets, trademark infringement, and copyright infringement), breach of contract, class actions, personal injury, employment disputes, and consulting on reasonable license terms (non-litigation). This expert has provided sworn testimony eight times at deposition, three times at arbitration, at trial in state court, and three times at trial in U.S. District Court.
This expert is President of a highly sought-after forensic accounting consultancy. With many years of experience, this expert provides consulting, analytical, forensic accounting, expert witness, transactional, and other sophisticated financial services to clients in a diverse array of industries and professions including:
- Ethanol and Biodiesel production
- Breach of Contract
- Farm Operations
- Surety Disputes
- Gluten Production
- Tortious Interference
- Supply Chain Issues
- Forensic Investigation and Quantification
- Fraud and Misrepresentation
This expert has served as the damages expert for several Agriculturally-related matters including:
This expert also has extensive experience with the complex financial issues. These have included:
In addition, this expert is the owner and operator of a farm / ranch where this expert grows corn, wheat, soybeans, and have a herd cows. This expert sells weaned specialty calves under contract, and raise / feed-out many others that are butchered for sale on-farm, and in-town stores.
This expert, a Managing Director with a Disputes and Investigations consultancy, brings many years of experience on cases involving commercial damages quantification and causation, and major forensic accounting investigations. This expert has provided numerous expert reports and testified at deposition in approximately 80 matters. In at least 25 matters, this expert has been recognized as an expert witness at trials pending in state and federal courts and arbitration panels. This expert is regularly retained to evaluate issues sch as lost profits, price erosion, unjust enrichment and reasonable royalty damages.
While leading the firm's intellectual property group, this expert also has significant experience in other commercial litigation damages studies in matters such as breach of contract, minority shareholder, business interruption, lost profits, business valuation issues, construction and government contract claims, other commercial disputes and regulatory investigations and settlements. This expert has extensive experience in many areas such as: biotechnology, chemicals, computers, construction, government contracting, internet websites, manufacturing, medical devices, and mining - to name just a few.
This expert is the Director of an internationally recognized consultancy, specializing in Valuation Advisory, Transaction Opinions, and Dispute Consulting, brings to the table many years conducting forensic accounting, complex commercial litigation, Foreign Corrupt Practices Act, intellectual property damages, royalty audits and regulatory engagements involving publicly held and private companies as well as municipalities and government entities in a wide variety of industries. This expert has significant experience providing a broad range of business and financial advice to trial lawyers, in-house counsel, audit committees, and stake holders throughout the dispute process in both domestic and international contexts. This expert has also provided testimony in federal and state court as well as matters in mediation. This expert has performed numerous complex financial analyses involving false financial reporting, revenue recognition, warranty accruals, embezzlement and kickback schemes, post-acquisition purchase price accounting, cash application, Ponzi schemes, procurement fraud and asset tracing, among others. Additionally, this expert has directly participated in several large scale investigations including: an internal investigation of a multi-billion dollar company for potential Foreign Corrupt Practices Act violations, the investigation of a large metropolitan city's under-funded pension plan, and the investigation and quantification of damages on behalf of an unsecured creditors committee. Furthermore, this expert has assisted named corporate compliance monitors in their duties under settlement agreements with various regulatory agencies and evaluated the ability of a large multi-national corporation to pay a multi-billion dollar fine. This expert was an Associate in a Forensic Accounting Litigation Consulting practice where this expert focused on financial investigations and the quantification of economic damages. This expert was an Analyst at an international consultancy, where this expert advised clients on economic, valuation and strategy issues relating to intellectual property and complex commercial disputes.