| XI. |
PRACTICAL CONSIDERATIONS |
| |
A. |
Get Expert Assistance and Prepare |
| |
B. |
Focus on What is Required to Make the Plaintiff Whole |
| |
C. |
Focus on Economic Reality |
| |
D. |
Develop Credible Evidence of Plaintiff's Intent to Exercise Options and Sell and the Plaintiff's Intended Timing or, Conversely, the Lack of Same |
| |
E. |
Tailor the Competing Measures of Damages to What is Required to Make the Plaintiff Whole and Realize Economic Reality Under the Facts of the Case |
| |
F. |
Craft Appropriate Jury Instructions Well in Advance of Trial on the Damage and Mitigation Issues |
| |
G. |
Make the Record |
| |
H. |
Challenge the Opposing Party's Record and Preserve All Objections |
