Damages Expert

Carol Ludington has over thirty years of varied experience as a damage expert in U.S. domestic litigation, U.S. arbitration and international arbitration; as an arbitrator and a consultant. She has been retained as a testifying expert regarding damages in hundreds of complex commercial and intellectual property disputes involving a wide variety of industries and parties ranging from Fortune 500 companies to small companies and individuals. Her experience includes analysis of financial, business and marketing information; assistance with discovery; preparation of written reports and testimony in numerous depositions and trials in courts throughout the United States.

Initial Damages Assessment

Ludington Ltd. often performs Initial Damages Assessments (IDA) as either a consulting expert or testifying expert prior to and during litigation. The IDA process facilitates informed decision-making, early resolution of disputes and effective discovery by identifying likely damages measures, potential damages magnitudes, and key issues including litigation strategy and development of settlement positions. Typically completed with few, if any, documents, this process also identifies and prioritizes needed discovery.

Pre-litigation due diligence

Performed initial damages assessment prior to litigation to identify potential magnitudes and issues. In some instances, this resulted in resolution of disputes before suit being filed.

Facilitate settlement

Initial damages assessment performed to provide information to facilitate settlement by identifying damages magnitudes and issues, and to articulate potential settlement options.

Discovery streamlining

In instances when litigation did proceed, the initial damages assessment facilitated focused and streamlined discovery resulting in cost savings and efficiencies.

For more information about IDA, see the “Why Do IDA” tab.


Carol Ludington provides neutral services that include serving as an arbitrator and other roles tailored to each specific matter.

  • Past arbitrator for American Arbitration Association (AAA) and National Association of Securities Dealers (NASD) arbitrations. Served as a sole arbitrator and as a member of three member panels.

  • Previously presented arbitrator training for the AAA

  • Currently on AAA Commercial Roster of Neutrals

  • Qualified neutral under Rule 114 of the Minnesota General Rules of Practice

  • Vienna International Arbitral Center (VIAC) – List of practitioners in international arbitration, mediation and ADR

  • Arbitrator for international arbitration moot competitions, including the Willem C. Vis International Commercial Arbitration Moot in Vienna, Austria and the Foreign Direct Investment International Arbitration (FDI) Moot. Judged written memorandums, preliminary oral hearings and elimination round oral hearings. Final round judge for the 2015 FDI moot written memorandum on damages and FDI Moot Global Finals.


Ludington Ltd. provides consulting prior to and during litigation to perform initial damages assessments, identify issues, assist discovery, provide input regarding litigation strategy, and assist development of settlement issues.