Lost Profits FAQ | Texas Family Law Powerhouse

Question 1

Can you defeat a lost profits claim by arguing future business was not guaranteed?

Accepted Answer

This question has been addressed in 1 Texas court opinion(s), including Graybar Electric Company, Inc., Appellant v. Buying Power, Inc., Appellee. When valuing a business or proving 'waste' of community assets in a divorce, expert testimony is legally sufficient if it is tethered to objective historical data and the expressed intent found in business contracts, even if the business owner claims future performance was discretionary.

Question 2

How are lost profits calculated in Texas divorce cases?

Accepted Answer

This question has been addressed in 1 Texas court opinion(s), including Graybar Electric Company, Inc., Appellant v. Buying Power, Inc., Appellee. When valuing a business or proving 'waste' of community assets in a divorce, expert testimony is legally sufficient if it is tethered to objective historical data and the expressed intent found in business contracts, even if the business owner claims future performance was discretionary.