Economic Damages Analysis for Complex Litigation
MSG quantifies economic damages in disputes where the financial impact is contested and the analysis must withstand adversarial testing. Our team works directly with counsel to isolate the harm caused by the alleged conduct, apply the correct legal measure of damages, and present the conclusions in a form that a judge or jury can follow.
We are retained in economic damages matters involving breach of commercial lease agreements, supply chain disruptions, non-compete violations, franchise disputes, construction defect claims, and catastrophic personal injury: matters where opposing experts will challenge every assumption and only a defensible methodology survives.
What Sets Our Economic Damages Work Apart
Economic damages engagements fail for predictable reasons. The expert selects the wrong measure of damages, overlooks mitigation, makes unsupported assumptions about growth or discount rates, or delivers a report that does not survive a Daubert challenge. We structure every engagement to avoid those failures.
Our analysis begins by quantifying the damages framework. We build our financial models around explicitly stated assumptions, data inputs drawn from recognized sources, and analyses designed to withstand critical testing. Every report clearly connects the methodology to the facts so that a non-financial reader can follow the reasoning from beginning to end.
We also support counsel beyond the written report: preparing witnesses for deposition, drafting examination questions for opposing experts, and evaluating the other side’s positions as the case develops. When we take the witness stand, we bring the same precision to testimony that they bring to the underlying analysis.
Rebuttal and Opposing Expert Analysis
MSG is frequently retained to critique and rebut economic damages opinions offered by opposing experts. Attorneys bring us in when they need to determine whether the other side’s analysis rests on sound methodology or contains vulnerabilities that can be exposed.
Our rebuttal work examines the opposing expert’s selection of damages measure, data reliability, internal consistency, and treatment of causation, mitigation, and discounting. Where we identify material errors, we prepare alternative calculations showing the financial effect of correcting them. These alternatives give counsel concrete numbers for negotiation, mediation, or trial.
Lost profits and lost earnings are among the most commonly claimed and most frequently contested categories of economic damages. MSG evaluates these claims in breach of contract, fraud, business interference, employment, and personal injury matters, applying the appropriate measure of damages to the claims asserted.
The analytical challenge is separating the financial impact of the alleged conduct from unrelated business conditions, often using incomplete or disputed records. Our work addresses causation, damage period selection, foreseeability, and the reasonable certainty standard that opposing counsel will test.
Breach of contract matters require the expert to connect the damages calculation directly to the contract terms, performance history, and contemporaneous documents. MSG analyzes expectation damages, reliance damages, restitution, delay damages, costs to cure, and the cost of substitute performance.
Central to this work is the “but-for” analysis: what would the financial outcome have been absent the breach? We build these counterfactual scenarios from the evidence, give explicit treatment to mitigation, and present the results in a format counsel can use at summary judgment or trial.
Business interruption claims arising from casualty events, natural disasters, equipment failures, and supply chain disruptions require careful quantification of lost income and incremental expenses during the interruption period. MSG evaluates these claims using operating history, capacity constraints, applicable policy language, and recovery documentation.
We test claimed losses against contemporaneous financial data and operational realities, including the timing and feasibility of recovery. In insurance disputes, the damages analysis is aligned with the specific policy terms and conditions at issue.
Economic loss analyses in personal injury and wrongful death matters address lost earning capacity, medical and life care costs, household services, and economic support to dependents. Calculations incorporate earnings history, employee benefits, tax effects, work-life expectancy tables, and present-value discounting.
Each analysis reflects the specific circumstances of the individual’s career, health, and household contributions, producing results that are grounded and defensible whether the case resolves through negotiation or at trial.
In patent, trademark, copyright, and trade secret disputes, MSG quantifies damages using lost profits, reasonable royalty, and unjust enrichment frameworks. These analyses require attention to causation, market definition, and apportionment of damages attributable to the infringed IP versus other factors.
We coordinate with counsel and, where necessary, with technical experts to ensure that the financial analysis reflects the facts of the infringement and the competitive dynamics of the relevant market.