A Review of Everett P. Harry, III and Jeffrey H. Kinrich’s 2022 Second Edition

In 2017, Everett P. Harry, III and Jeffrey H. Kinrich released Lost Profits Damages: Principles, Methods, and Applications. Their purpose in publishing the book was to provide a comprehensive reference guide to cover important topics relevant to determination of lost profit damages. This book review discusses the second edition released in late January 2022.

Lost Profit Damages: Principles, Methods, and Applications:
A Review of Everett P. Harry, III and Jeffrey H. Kinrich’s 2022 Second Edition

In 2017, Everett P. Harry, III and Jeffrey H. Kinrich released Lost Profits Damages: Principles, Methods, and Applications. They published this first edition to provide a comprehensive reference guide to cover important topics relevant to determination of lost profit damages. This book review highlights changes that appear in the January 2022 second edition.

The authors’ second edition contains 817 pages; 134 more pages than the first. It also updates the chapters included in the first edition and includes four new chapters. Those new chapters are: Chapter 11, “The Use of Surveys in Lost Profits Analyses”; Chapter 17, “Lost Profits for ‘New Businesses’”; Chapter 22, “Neutralizing Lost Profits Damages for Tax Consequences”; and Chapter 26, “The Admission of Expert Testimony: Daubert and Related Issues”. The original sequence of chapters remains. The chapters progress from an overview of the nature of lost profits damages and the broad legal principles for proof of such loss through the preparation of an expert report, and the broad legal principles for proof of such loss through preparation and of an expert report, if required. The intervening chapters illustrate many alternative methodologies and techniques employed by experts for the determination of lost profit damages, as well as specific issues and types of calculations that will need to be included.

As with the original book, the final chapter addresses typical legal challenges that experts should expect after completion of the report and disclosure. This chapter includes advise on how to be proactive. In short, the authors, again, provide tips and underscore the importance of preparation.

The initial seven chapters are almost identical to those in the first edition. In this second edition, the following changes are evident (if a chapter’s layout and context has minimal changes, it will not be noted below):

Conclusion

While this writer was a little skeptical about the need—so seemingly soon—for a second edition, the addition of four new chapters and changes summarized above to Lost Profit Damages: Principles, Methods, and Applications provide good reason for aspiring and experienced litigation support practitioners to either update or buy this reference guide. All chapters have been written by accomplished practitioners; their writing is clear, as are their illustrations and insight.


Roberto H Castro, JD, MBA, MST, CVA, is Managing Member of the Law Office of Roberto H Castro, PLLC and Legal Compliance counsel for Equilus Capital Partners, LLC, a closely held Real Estate Limited Partnership Fund. He is also Technical Editor of QuickRead and a member of NACVA’s CUV team.

Mr. Castro can be contacted at (509) 679-3668 or by e-mail to rcastro@rcastrolaw.com.

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