When a defendant's alleged conduct, a breach of contract, breach of fiduciary duty, fraud, antitrust violation, securities violation, or many other types of litigation, is alleged to have caused economic harm, the measure of damages is generally the difference between the plaintiff's actual economic position and the economic position in which it would have been but for the alleged conduct. Constructing this but-for scenario requires isolating the economic effect of the challenged conduct from the many other factors that affect a company's performance and its securities' prices, requiring expertise in accounting, economics, and finance.
We have the expertise and experience to measure economic damages using the appropriate methodology based on the specific context of the matter (for example, lost-profits analysis, lost-value analysis, business and security valuations, and, in securities matters, event-study-based measures of price inflation). In each engagement we carefully create the but-for scenario, control for confounding factors and for changes unrelated to the alleged conduct, document every input and assumption, and test the sensitivity of the result. Our work is based on widely-accepted and standard methodologies, frameworks, and analyses and we have been engaged by both plaintiffs and defendants in a wide range of industries in such matters.