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The starting point for most lost profits damages calculations is the estimation of revenues that would have been earned in the "but-for" world. Tools to make these estimates include the before-and-after method, the yardstick method, and others. This session will explore the use of benchmarking/the yardstick method in estimating but-for revenues. The discussion will address an overview of the yardstick method and how it works, strengths and weaknesses, presentation in a report, deposition, and trial, use of other methods in combination with the yardstick method, a case law review, and a case study to show how to implement and perform this type of analysis.
Learning Objectives:
Distinguish what benchmarking and the yardstick methods are, as well as pros, cons, and concerns in application
