Unjust Enrichment, Ill-Gotten Gains, Defendant’s Profits, and Disgorgement: a Primer for Forensic Practitioners

CPAs engaged in damages consultations often analyze harm suffered by one party due to the “bad acts” of another (the “wrongdoer”).

In commercial disputes, this typically involves assessing the injured party’s losses (for example, lost profits) caused by the wrongdoer’s bad acts.

However, depending on the nature of the claims being asserted, the measure of recovery available to the injured party may be quantified as the benefit received by the wrongdoer (for example, the unjust enrichment or ill-gotten gains). Under these circumstances, the practitioner’s analysis is focused on the quantification of this wrongfully received benefit.

The AICPA Forensic and Valuation Services section is preparing a primer on unjust enrichment, defendant’s profits, and related remedies (“disgorgement”), set for release in Q1 2025. This webcast provides an overview of the topics featured in the upcoming publication.

Key Topics

• Nature of the disgorgement remedy
• Common causes of action
• Relevant revenues and expenses

Learning Outcomes

• Define the remedy of disgorgement and its related concepts.
• Recognize common causes of action where disgorgement may be a remedy.
• Recognize considerations for identifying the appropriate revenue, income or assets at issue.
• Identify considerations, including deductible expenses, in determining amounts subject to disgorgement.

Who Will Benefit

Practitioners who perform damage analyses and provide expert witness testimony in litigation matters.