LOST PROFITS – BREACH OF NON-COMPETE AGREEMENT

A Colorado Springs jury found in favor of our client in its claim that former employees had breached their non-compete agreements causing our client significant lost profits.  Mr. Barton testified regarding lost profits methods and our estimates.  We employed the market method and the before-and-after method to estimate lost profits over the claimed loss period.  We determined lost revenues by market area from the former employee’s competing business records and by testing customer locations to a market share database.  Both our client and the former employee’s competing business utilized the same database and methods for estimating market share.  We estimated incremental costs using our clients’ financial records related to the loss period.  We prepared three reports to update our estimates due to multiple trial delays.  After the trial, the jury requested an interview with counsel and client representatives.  Our client reported that “they [the jury] listened to you!”

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