expert-report-on-damages

name	expert-report-on-damages
title	Expert Report on Damages
description	Generates a structured expert report on economic damages for U.S. commercial litigation. Produces Daubert-ready, FRE 702-compliant analyses covering lost profits, disgorgement, diminution in value, or reasonable royalty with full FRCP 26(a)(2)(B) disclosure. Use when the user needs a damages expert report, economic loss calculation, damages rebuttal, forensic accounting analysis, or expert disclosure for commercial disputes during discovery, pre-trial, or trial.
author	CaseMark
author_url	https://github.com/CaseMark/skills/tree/main/skills/legal/expert-report-on-damages
license	Apache-2.0
version	0.1.0
execution_mode	open
jurisdiction	us
practice	litigation
language	en
tags	["analysis"]

Expert Report on Damages

Produces a Daubert-compliant expert damages report for U.S. commercial litigation with defensible methodology, transparent calculations, and full FRCP 26(a)(2)(B) disclosure.

Prerequisites

1. Case materials — pleadings defining damages scope, interrogatory responses, deposition transcripts
2. Financial records — income statements, balance sheets, tax returns, sales records, general ledger (3–5 years pre-wrongdoing minimum)
3. Contracts — governing relationship, damages caps, limitations of liability
4. Expert CV — credentials, certifications, prior testimony list
5. Industry data — benchmarks, comparable company data, economic studies
6. Discovery status — identify gaps upfront; missing records require disclosed limitations or range opinions

Report Structure

1. Title Page & Engagement Scope

• Retaining party, engagement date, specific questions presented
• Compensation statement: fees not contingent on outcome or amount
• Scope boundaries — what was and was not examined

2. Expert Qualifications (FRE 702 / Daubert)

Element	Required Detail
Education	Degrees, institutions, dates
Certifications	CPA, CFE, CFA, ABV, CVA as applicable
Experience	Years in damages/forensic/valuation; matter types
Prior testimony	Case count, deposition vs. trial, jurisdictions
Publications	Peer-reviewed articles, conference papers, committee service

3. Materials Reviewed

Itemized list of all documents, data, and testimony considered. Every item traceable to source.

4. Assumptions & Limitations

#	Assumption / Limitation	Basis for Reasonableness
1	Accuracy of financial statements	Third-party preparation; management representations
2	Continuation of pre-breach trends	Historical performance data
3	[Case-specific]	[Support]

Flag unavailable records, incomplete discovery, or destroyed documents. Explain how each gap affects certainty or requires a range opinion.