Commercial Damages Analysis

The BVA Group has a broad base of experience dealing with all types of complex commercial damages. Our litigation experts are often engaged as consulting experts to assist in various capacities during earlier stages of litigation matters and have testified in numerous state and federal district courts, as well as in non-litigation venues such as arbitration and mediation. As skilled verbal and written communicators, our experts have demonstrated the ability to convey highly technical and complex damages analyses in straightforward and understandable terms.

Economic damages for lost profits are a common measure of commercial damages. Analyses related to lost profits and economic damages are a core competency of The BVA Group. Our experts are retained by both plaintiff's and defendant's counsel, and are intimately familiar with widely-accepted methods and legal standards of proof.

We are also experienced in measuring economic damages for disputes involving misappropriation or theft of trade secrets. Measuring damages in connection with trade secrets claims typically involves computing the plaintiff's lost profits or defendant's unjust enrichment. We have worked for both plaintiffs/claimants and defendants/respondents in a variety of misappropriation or theft of trade secrets matters in numerous industries, and have been involved in matters that range from pre-lawsuit consulting to analysis of expert reports and testimony.

Damages for intellectual property ("IP") disputes involve patent infringement, copyright infringement, and trademark infringement. Our experts are experienced in preparing and analyzing such intellectual property damages in conjunction with claims pursuant to the respective Code section, and knowledgeable about relevant case law regarding each area of IP damages.

Many of our litigation experts are also business valuation professionals. Thus we are well-positioned to assist with many types of valuation disputes. With decades of experience in the valuation arena, our opinions adhere to applicable professional valuation standards and have been supportable under scrutiny of cross-examination and legal standards of proof.

The BVA Group also has expertise dealing with the determination of economic damages cases involving alleged violations of the Federal Securities Acts. Our experts are experienced in analyzing various types of alleged securities fraud. We have been designated as testifying experts in shareholder derivative securities class action stock price inflation matters and fraud in the inducement claims involving benefit-of-the-bargain as well as rescission measures of damages for individual plaintiffs. Additionally, in securities class action matters involving Rule 10b-5 claims, BVA has developed sophisticated trading models to compute out-of-pocket damages considering both trading (i.e. "in-and-out") damages as well as retention damages.