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June 25, 2020 | BRUCE ISAACS, ESQ.

Recovering Lost Video Game Profits In The Age Of COVID-19

Assume you have a client who has developed and produced a new video or mobile phone game that doesn’t go to market because of an alleged breach of a contract. Is your client entitled to recover its lost profits? Or, will your client’s lost profits be precluded either (1) by virtue of a “limitation of damages” provision set forth in the contract; or (2) because the lost profits are speculative damages and therefore the damages model is inadmissible?