In an article for Law360 Pulse, Reid Skibell and Nathan Ades address one of the complexities faced in early-stage company litigation, proving entitlement to lost profits as damages. Using a recent court decision, Indeck Energy Services Inc. v. Merced Capital, as an example for discussion, Reid and Nathan demonstrate how an opposing parties’ internal documents can provide an alternative path to proving lost profits with reasonable certainty under New York law.
