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In the first part of BVR's Advanced Webinar Series on Lost Profits Damages, Michael Crain and Robert Lloyd discuss the most fundamental obstacle to the amount of a lost profits award or claim: its value – or rather, its present value. As all appraisers know, the value of money changes over time. When this fact is combined with basic considerations of the details of the case and the jurisdictional rules of the court, knowing how to properly discount a damages measurement for interest, discount, and return rates can be daunting. In their presentation, Crain and Lloyd discuss how these factors and others affect the discounting determination. Discounting for past and future damages claims are also discussed as well as how recent case law has come to impact these considerations.
Program Agenda
Why discounting is necessary
The date to which lost profits are discounted
Prejudgment interest
Discounting expected values vs. hoped for values
When must the discount rate be adjusted for risk?
Appropriate risk-free and risk-adjusted discount rates
The case law on discounting: The classic cases and the most recent cases
Damages for delay in receipt of profits
Learning Objectives
Learn how and when it is appropriate to discount damages claims and by which techniques those adjustments should be made
Understand how damages discounts can vary given the facts of a case and the procedures under which it is tried
Learn the place of risk and risk adjustments in the discounts applied to damages cases
Learn how case law has come to define this issue and where new case law is leading us
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