Complex Damages

Damages come in all shapes and sizes, and it is essential to know exactly what you are trying to measure and why. We have extensive experience estimating complex damages of all types including contract benefit of the bargain, out-of-pocket losses, equitable remedies (unjust enrichment, quantum meruit, and reliance) environmental damages (loss of use, diminution in economic value, and remediation), reasonable royalties and—of course—lost profits. Our experts are among the country’s most highly regarded in the field of antitrust damages, and our staff specialize in building complex transactional data bases that facilitate the modeling of alleged overcharges while shedding light on possible individual differences among class members. We are also engaged to quantify remedies specified under consumer protection and other statutes. Wherever legally appropriate, our damages include interest on past losses and the contextually appropriate discount applied to future losses. We also have experience analyzing ability to pay and testifying on punitive damages.

At OnPoint, we believe damages of any type must make intuitive sense, be supported by the concrete evidence, and conform to market realities. Although the term “reasonable certainty” is most commonly applied to future lost profits, it is also a standard we strive to meet in all of our damage analyses. Rather than starting with a desired conclusion, we build our damage estimates from the ground up. This explains why we have been able to sustain—through trial and appeal—damage estimates extending as far as twenty years into the future.