The ability to prove or rebut damage claims is essential in commercial litigation. Regardless of your case on liability, your claims may be worthless without a well-prepared damage case. Conversely, if the defendant has a good defense to plaintiff's theory or calculation of damages, even a difficult case on liability can be resolved favorably.
In order to be thoroughly prepared for the damage phase of a commercial case, the trial lawyer must be conversant with the latest developments in the applicable law, and understand how best to use experts and the most current methods of damage analysis.
- Using experts to calculate damages
- International aspects of commercial damages
- Damages in securities cases
- Why commercial damages don't work
- Business torts damages
9:00 a.m. - 10:30 a.m.
I. Using Experts To Calculate Damages
II. International Aspects Of Commercial Damages
10:30 a.m. - 10:45 a.m.
10:45 a.m. - 12:15 p.m.
III. Damages In Securities Cases
A. Recent U.S. Supreme Court Cases
B. Loss Causation
12:15 p.m. - 1:15 p.m.
Lunch (On Your Own)
1:15 p.m. - 2:45 p.m.
IV. Why Commercial Damages Don't Work
A. Leading Pennsylvania Cases
B. Jury Instructions – The Need For Better Guidelines
C. Call For Reform
2:45 p.m. - 3:00 p.m.
3:00 p.m. - 3:30 p.m.
V. Business Torts Damages
A. Interference With Contractual And Prospective Contractual Relationships
B. Breach Of Fiduciary Duty
C. Misrepresentation And Fraud
D. Misappropriation Of Trade Secrets
E. Wrongful Discharge
3:30 p.m. - 4:30 p.m.
VI. The New Commercial Arbitration Code Of Ethics: Traversing The