Commercial Litigation: Steps to prepare an effective expert cross examination, and quantifying lost profits damages

Joseph W. Lesovitz, CPA/ABV/CFF, CFA, CFE | Citrin Cooperman Advisors LLC

Joseph Lesovitz is a Partner in the Forensic, Litigation and Valuation Services Group where he specializes in calculating damages in complex commercial litigation and in providing financial consulting and forensic accounting services to attorneys, public and private corporations, insurance companies, and governmental agencies. Mr. Lesovitz has provided consulting and litigation services for cases involving complex commercial damages, economic damage calculations, lost profits analysis, intellectual property infringements, business valuations, and forensic investigations.

He has served as a neutral accounting arbitrator in various post-acquisition disputes related to working capital adjustments, earn-out disputes, and other financial related disputes. Mr. Lesovitz has been qualified as an expert and presented testimony in depositions and trials in federal court, state court, and arbitration. He has provided consulting and litigation services for clients in many industries including healthcare, financial services, technology, manufacturing, construction, real estate, retail, telecommunications, franchise, and insurance.

Mr. Lesovitz is an adjunct professor at the Villanova University School of Law where he teaches a course on economic damages and litigation strategy, and previously taught a course on introduction to accounting and business valuation. He has presented seminars on topics including lost profits damages, the effective use of financial experts, and intellectual property damages. Prior to joining Citrin Cooperman, Mr. Lesovitz held senior positions at leading global accounting and professional services firms and at a global investment management firm.

He is a recipient of the American Institute of Certified Public Accountants 2016 Standing Ovation Award for contributions to the areas of forensic accounting and business valuation. Mr. Lesovitz also currently serves on the AICPA’s CFF Credential Exam Task Force.

Mr. Lesovitz holds a B.S. in Accounting from Villanova University and an MBA in Accounting from Saint Joseph’s University. He is a Certified Public Accountant in Pennsylvania, Chartered Financial Analyst, Certified Fraud Examiner, Certified in Financial Forensics, and Accredited in Business Valuation.

Mr. Lesovitz can be contacted at 267.479.0060 or [email protected].

David E. Lomas, CPA, CFE | Citrin Cooperman Advisors LLC

David Lomas is a director in the Forensic, Litigation and Valuation Services Group where he specializes in calculating damages in complex commercial litigation and in providing financial consulting and forensic accounting services to attorneys, public and private corporations, insurance companies, and governmental agencies. Mr. Lomas has provided consulting and litigation services for cases involving complex commercial damages, lost profits analysis, intellectual property infringements, business valuations, insurance disputes, economic damage calculations, and fraud investigations.

He has provided consulting and litigation services for clients in many industries including pharmaceutical, healthcare, financial services, technology, manufacturing, real estate, retail, telecommunications, and insurance. Prior to joining Citrin Cooperman, Mr. Lomas held positions at leading global accounting and professional services firms.

Mr. Lomas has presented seminars on topics including lost profits damages, financial statement analysis and the effective use of financial experts. Mr. Lomas holds a B.S. in Business Administration with concentrations in Accounting and Economics from Drexel University. He is a Certified Public Accountant in Pennsylvania and a Certified Fraud Examiner.

Mr. Lomas can be contacted at 267.479.0099 or [email protected].

Doug Holthus | Freeman Mathis & Gary LLP

Doug Holthus is a Partner at Freeman Mathis & Gary’s Columbus office. Mr. Holthus’ primary area of focus is on labor and employment disputes (including federal and state discrimination, retaliation and harassment claims), civil rights matters and governmental liability issues. Doug also has handled commercial disputes and general liability matters. He has tried, advocated and or arbitrated nearly one hundred cases before civil juries, administrative licensing (and other) boards and arbitration panels throughout Ohio (and California), in both state and federal court.

He serves as Chair of the Columbus Bar Association’s Professionalism Committee (by appointment) and is a Member of the Board of Directors of the Professional Liability Defense Federation (“PLDF”). Doug is “AV Preeminent rated” by Martindale-Hubbell, as well as named a “Best Lawyer” by Best Lawyers in America. Education J. D., 1986, Capital University Law School B.A., 1982, Wittenberg University Practice Sections Construction and Design Law Government Law Labor and Employment Law Professional Liability / Errors and Omissions Interdisciplinary Teams Education Workplace Health and Safety.

Session I – Necessary Steps to Prepare an Effective Expert Cross Examination | 12:00pm – 1:00pm

1. Emerging trends in commercial litigation | 12:00pm – 12:15pm
2. Selecting and preparing one’s own expert | 12:15pm – 12:30pm
3. Assessing the opponent’s expert and their opinions | 12:30pm – 12:45pm
4. Preparing and conducting an efficient and effective cross examination | 12:45pm – 1:00pm

Break | 1:00pm – 1:10pm

Session II – Quantifying Lost Profits Damages in Commercial Litigation Matters | 1:10pm – 2:10pm

1. Calculation of lost profits | 1:10pm – 1:30pm
2. Current economic factors impacting lost profits calculations | 1:30pm – 1:50pm
3. Useful tips on how to present and utilize a financial expert throughout the litigation process | 1:50pm – 2:10pm