FVC2013. Revenue Estimation Case Study: Benchmarking and Yardstick Method

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
• Analyze case law through use of a case study