Preparing expert damages reports requires coordinating with financial experts, synthesizing complex financial data, ensuring Daubert compliance, and documenting methodology—a process that typically takes 12-20 hours of billable time. Manual drafting risks inconsistencies, missing critical assumptions, or failing to properly cite supporting documentation and legal standards.
Preparing a comprehensive expert report on economic damages requires extensive financial analysis, methodological rigor, and compliance with complex evidentiary standards. Attorneys and experts spend weeks gathering data, performing calculations, documenting assumptions, and ensuring the report meets Daubert requirements while remaining accessible to judges and juries.
CaseMark automates the creation of professionally structured expert damages reports by analyzing your financial documents, case materials, and discovery to generate comprehensive analyses covering methodology, calculations, and supporting documentation. Our AI ensures compliance with Federal Rules of Evidence and Civil Procedure while producing reports that withstand Daubert challenges and expert scrutiny.
This workflow is applicable across multiple practice areas and use cases
Calculate lost profits and reasonable royalty damages in patent infringement, trademark dilution, and trade secret misappropriation cases requiring expert economic testimony.
IP litigation frequently requires Daubert-compliant expert reports on economic damages using similar methodologies (lost profits, disgorgement) and the same financial analysis framework as commercial litigation.
Prepare expert damages reports for securities fraud, insider trading, and market manipulation cases quantifying investor losses and disgorgement amounts.
Securities litigation explicitly mentioned in target personas requires complex financial analysis and expert testimony on economic damages using methodologies like diminution of value and disgorgement.
Generate expert damages reports for wrongful termination, discrimination, and wage-and-hour cases calculating back pay, front pay, and economic losses.
Employment litigation regularly requires forensic accounting analysis of lost wages, benefits, and career trajectory damages with expert testimony subject to Daubert standards.
Calculate aggregate damages across class members in consumer fraud, antitrust, and securities class actions requiring expert economic analysis and testimony.
Class action litigation requires sophisticated damages modeling and expert reports to establish class-wide harm, often involving the same lost profits and economic damages methodologies.
Assess damages in post-closing disputes over purchase price adjustments, earn-out disagreements, and breach of representations and warranties in M&A transactions.
M&A disputes frequently require forensic accounting analysis to calculate financial damages from breached deal terms, using similar financial statement analysis and valuation methodologies.
Under Daubert and Federal Rule of Evidence 702, an expert damages report must be based on sufficient facts or data, employ reliable principles and methods, and demonstrate that the expert reliably applied those methods to the case facts. The report should demonstrate that the methodology has been tested, subjected to peer review, has a known error rate, and is generally accepted in the relevant professional community. CaseMark structures reports to address each Daubert factor with supporting citations and transparent methodology disclosure.
Lost profits are typically calculated using a 'but for' analysis that compares the plaintiff's actual financial performance with the performance that would have been achieved absent the defendant's breach. This involves establishing a baseline using historical performance or industry benchmarks, projecting revenues and expenses during the damages period, and subtracting actual profits earned. The calculation must account for mitigation efforts, contingencies, and alternative causes. CaseMark analyzes your financial statements and case documents to perform this multi-step calculation with full transparency and supporting schedules.
A comprehensive damages analysis typically requires financial statements (income statements, balance sheets, cash flow statements) for periods before, during, and after the alleged wrongful conduct, tax returns, accounting ledgers, sales records, and relevant contracts. Industry benchmarks, market research, and comparable company data may also be needed. Discovery materials including interrogatory responses and deposition testimony often provide critical financial information. CaseMark reviews all uploaded documents to identify available data and any gaps requiring assumptions or additional discovery.
Manually preparing a comprehensive expert damages report typically requires 30-60 hours of work, including document review, financial analysis, calculation development, methodology documentation, and report drafting. Complex cases involving multiple damages theories or extensive financial records can take significantly longer. CaseMark reduces this to under 30 minutes by automating document analysis, calculation structuring, and report generation while maintaining the rigor and detail required for litigation use.
Yes, expert reports frequently address alternative damages theories such as lost profits, diminution in value, and disgorgement of unjust enrichment. Each theory should be calculated separately with clear methodology, and the report should explain any overlaps or offsets to avoid double recovery. CaseMark can structure reports that present multiple damages calculations organized by theory, time period, or legal claim, with clear explanations of which scenarios are mutually exclusive and which can be aggregated.