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Program Overview

It is not uncommon to see a financially distressed plaintiff suing for lost profits asserting the acts of a defendant were causal. We will discuss if and how insolvency can impact proximate cause or intervening cause assertions. We will discuss insolvency in both contract and tort damages as well as how several courts analyzed the issue, including a dissent.


Who Should Attend

  • Litigators involved in lost profits damage cases.

What You Will Learn

  • Recognize the three different indicators of insolvency
  • How plaintiff's management decisions may create insolvency and how defendant can use the analysis to mitigate or eliminate proximate cuase
  • How courst have analyzed the proximate cause issue in distressed firms
  • How numbers are not the story but numbers tell the story


P. Dermot O'Neil

P. Dermot O'Neil has over 40 years of public accounting experience. Dermot’s practice concentrates in the areas of forensic accounting, litigation support, business valuation, transaction consulting, financial analysis, and income taxation. He has provided consulting and expert witness assistance in cases involving oppressed shareholders, personal injury, wrongful death, accounting malpractice, and contract and tort issues. He has testified as an expert in seven states, the Chancery Court of Delaware as well as Federal Bankruptcy Court and Federal District Court. Dermot is an adjunct instructor at Rider University College of Business Administration, Graduate Studies. He has presented continuing professional education seminars and webinars sponsored by the National Judicial College, state accounting institutes and societies, bar associations and universities. He received his B.S. in Economics from Villanova University.

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