- The newly proposed rule (DFARS Case 2013–D034) implements section 831 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2013.
- The analysis of case law surrounding the challenges to lost profits claims involving new businesses does not establish any hard and fast rules.
- The role of a damages expert is not always clear. In many matters, the damages expert may be asked to assume that a causal linkage between the liability issues and damages exists.
- Case law demonstrates that reliance on client supplied information is frequently an issue subject to challenge in litigation.
- Reasonably certain damages analyses ensures the analyses are anchored in facts, use sound methodologies, and yield reasonable results.
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