Lost Profits


Philip Saunders Associates (PSA) evaluates the plaintiff company to determine what would have happened but for the tort or breach of contract.  Analyses may cover the company's business model, market, industry, operations, management, and financials.  Since claims frequently involve allegations of loss due to consequent inability to finance, grow, or sell a company, Dr. Saunders' extensive investment experience becomes particularly relevant in assessing feasibility and the probability of success.

Selected Cases

  • For American subsidiary of multi-billion dollar Japanese company, PSA analyzed market and reconstructed and analyzed financial records of printing equipment manufacturer and distributor, which alleged client's actions interfered with its business and prevented it from obtaining financing.  PSA's analysis showed manufacturer's earnings were less than reported, company's main product had no long-term future because of market, and financing was problematical at best.  Case settled for fraction of amount claimed.
  • For insurance defense counsel  PSA investigated and analyzed commercial painting business, allegedly losing  money due to auto injury to principal.   Liability was admitted, and client didn't want to try case because defendant had been driving under the influence.  PSA demonstrated that losses were overstated, plaintiff had been cheating on his taxes, and plaintiff's attorney was probably in collusion.  $1,500,000 claim settled for $65,000.
  • For startup medical equipment company, suing because of alleged failure of defendant to manufacture units as agreed, PSA analyzed business, including researching government, institutional, and dealer markets for product and conducting telephone interviews of prospective customers.  PSA developed plan and projections for company, estimating lost profits.  In words of attorney client, PSA's analysis and report was "as good as if we had gone to one of the big Wall Street firms" in addition to costing much less.



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