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Remedies for Unjust Enrichment: Disgorgement Methods, Damages Assessment, and Practical Case Insights

2025-06-12 14:00:00

2025-06-12 14:00:00

1 Credits

Master disgorgement damage calculations for unjust enrichment claims, including methodologies, expense deductions, apportionment, and jurisdictional considerations.

2025-06-12 14:00:00

Master disgorgement damage calculations for unjust enrichment claims, including methodologies, expense deductions, apportionment, and jurisdictional considerations.

2025-06-12 14:00:00

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Key topics that will be covered

What will you learn

Attorneys will learn methodologies for calculating disgorgement damages in unjust enrichment claims, including measuring defendants' ill-gotten gains and understanding jurisdictional variations in expense deductions.

What will you gain

Attorneys will gain practical knowledge for selecting appropriate remedies, understanding apportionment requirements, and working effectively with forensic accounting experts on unjust enrichment cases.

Unjust Enrichment
Measuring ill-gotten gains including defendant’s profits, asset values, and cost savings.
Remedy Selection
Choosing appropriate remedies based on jurisdiction, available data, and asset types.
Calculation Methods
Using defendant’s profits, head start advantage, cost savings, or royalty approaches.
Expense Deduction
Analyzing which defendant expenses to deduct, varying significantly by jurisdiction.
Apportionment
Attributing profits to specific trade secrets or intellectual property at issue.
Valuation Approaches
Applying cost, market, or income approaches to value misappropriated intellectual property.

What will you learn

Attorneys will learn methodologies for calculating disgorgement damages in unjust enrichment claims, including measuring defendants' ill-gotten gains and understanding jurisdictional variations in expense deductions.

What will you gain

Attorneys will gain practical knowledge for selecting appropriate remedies, understanding apportionment requirements, and working effectively with forensic accounting experts on unjust enrichment cases.

Agenda

Session 1

Understanding Unjust Enrichment Definitions and Core Principles

Session 2

Choosing the Appropriate Remedy for Your Case

Session 3

Exploring Different Methodologies for Calculating Unjust Enrichment

Session 4

Critical Considerations When Calculating Defendant's Ill-Gotten Gains

Session 5

Real-World Case Examples of Unjust Enrichment Claims

clock 2:00 pm - 2:12 pm EST

Understanding Unjust Enrichment Definitions and Core Principles

Shawn Fox

Fox Forensic Accounting, LLC

This session establishes the foundational concepts of unjust enrichment and disgorgement, defining key vocabulary and principles essential for damage calculations. Participants will learn the critical distinctions between measuring a defendant’s ill-gotten gains versus a plaintiff’s actual damages, including differences in expense treatment and analytical approaches.

Shawn Fox

Fox Forensic Accounting, LLC

clock 2:12 pm - 2:24 pm EST

Choosing the Appropriate Remedy for Your Case

Shawn Fox

Fox Forensic Accounting, LLC

This session examines how to select the most appropriate remedy based on jurisdiction, available data, and case-specific circumstances. Participants will discover how remedy choice impacts disclosure requirements and explore the types of cases where unjust enrichment claims are most commonly applied, from intellectual property infringement to breach of fiduciary duty.

Shawn Fox

Fox Forensic Accounting, LLC

clock 2:24 pm - 2:36 pm EST

Exploring Different Methodologies for Calculating Unjust Enrichment

Shawn Fox

Fox Forensic Accounting, LLC

This session provides an in-depth analysis of the five primary methodologies for quantifying unjust enrichment: defendant’s profits, head start advantage, cost savings, reasonable royalty avoided, and intellectual property valuation. Participants will learn when each methodology is most appropriate and how to apply cost, market, and income approaches to valuation.

Shawn Fox

Fox Forensic Accounting, LLC

clock 2:36 pm - 2:48 pm EST

Critical Considerations When Calculating Defendant's Ill-Gotten Gains

Shawn Fox

Fox Forensic Accounting, LLC

This session addresses the nuanced factors that impact damage calculations, including determining appropriate time horizons, attributing revenues to wrongful conduct, and handling expense deductions across different jurisdictions. Special emphasis is placed on apportionment considerations, which have become the most contested issue in intellectual property unjust enrichment cases.

Shawn Fox

Fox Forensic Accounting, LLC

clock 2:48 pm - 3:00 pm EST

Real-World Case Examples of Unjust Enrichment Claims

Shawn Fox

Fox Forensic Accounting, LLC

This session brings theory into practice through examination of actual unjust enrichment cases, including trade secret misappropriation, software theft, database misappropriation, and false advertising claims. Participants will see how different methodologies are applied in real scenarios and learn practical lessons for avoiding common pitfalls.

Shawn Fox

Fox Forensic Accounting, LLC

01 05
Prev
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speakers

Joe Ervin

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Kevin Foley

Reminger Co
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Grant H. Lawson

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Shawn Fox

Fox Forensic Accounting, LLC

Shawn Fox

Fox Forensic Accounting, LLC

Shawn Fox is the founder of Fox Forensic Accounting LLC, bringing more than 28 years of experience providing fraud and forensic accounting, dispute advisory, and valuation services to the business and legal community. He has been engaged in high-profile disputes and investigations involving hundreds of millions to billions of dollars.

Recognition & Leadership

He has presented more than 80 presentations in the last 20 years for continuing legal education (CLE) for attorneys and continuing professional education (CPE) for accountants at bar and industry associations, law firms, learning organizations, law schools, insurance companies, and accounting firms.

Experience

Mr. Fox has testified in 75 different cases at deposition, trial, and arbitration as an expert witness and has served as a court-appointed receiver. He has been qualified as an expert witness in federal district, bankruptcy, and state courts across the U.S. He has worked on more than 1,000 dispute advisory matters across a wide range of areas including high stakes litigation, complex damages, lost profits, intellectual property infringement, breach of contract, securities fraud, and more. He also leads forensic investigations on financial restatements, regulatory investigations, and internal corporate investigations. Prior experience includes Partner-in-Charge of RSM's litigation and investigation consulting services practices for the Central Region, director at Grant Thornton's forensic accounting practice, Managing Director of BDO's litigation and dispute resolution practice, Managing Director at Willamette Management Associates, and National Managing Director of the forensic and valuation services practice at Sikich LLP.

Shawn Fox

Fox Forensic Accounting, LLC

Shawn Fox is the founder of Fox Forensic Accounting LLC, bringing more than 28 years of experience providing fraud and forensic accounting, dispute advisory, and valuation services to the business and legal community. He has been engaged in high-profile disputes and investigations involving hundreds of millions to billions of dollars.

Recognition & Leadership

He has presented more than 80 presentations in the last 20 years for continuing legal education (CLE) for attorneys and continuing professional education (CPE) for accountants at bar and industry associations, law firms, learning organizations, law schools, insurance companies, and accounting firms.

Experience

Mr. Fox has testified in 75 different cases at deposition, trial, and arbitration as an expert witness and has served as a court-appointed receiver. He has been qualified as an expert witness in federal district, bankruptcy, and state courts across the U.S. He has worked on more than 1,000 dispute advisory matters across a wide range of areas including high stakes litigation, complex damages, lost profits, intellectual property infringement, breach of contract, securities fraud, and more. He also leads forensic investigations on financial restatements, regulatory investigations, and internal corporate investigations. Prior experience includes Partner-in-Charge of RSM's litigation and investigation consulting services practices for the Central Region, director at Grant Thornton's forensic accounting practice, Managing Director of BDO's litigation and dispute resolution practice, Managing Director at Willamette Management Associates, and National Managing Director of the forensic and valuation services practice at Sikich LLP.

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Instant Certificates After Completion
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Why Attend

Why this 
program matters

Mastering disgorgement calculation methodologies is essential for practitioners to effectively recover ill-gotten gains and protect clients in unjust enrichment claims.
$6.1B
Record SEC disgorgement and prejudgment interest collected in fiscal year 2024, the highest amount in agency history.
90%
Intangible assets now comprise approximately 90% of S&P 500 market value, making IP and trade secret damages increasingly critical.
1.5k+
Federal trade secret cases filed in 2025, reaching an all-time high according to Lex Machina’s Trade Secret Litigation Report.
97%
Patent infringement lawsuits settled out of court, demonstrating the critical importance of accurate damages calculations in negotiations.

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