In the complex world of commercial litigation and damages calculation, even experts can make critical mistakes that put litigation at risk. In particular, experts sometimes use the wrong benchmarks to calculate damages, making assumptions that don’t stand up under legal scrutiny and causing their testimony to be excluded on Daubert challenge.
Choosing the right benchmarking method is critical in the analysis of damages from lost profits, lost enterprise value, and business valuation. Using inappropriate benchmarks or methodologies can lead to the wrong conclusions – and that, in turn, can jeopardize your case.
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