Compensating business owners in the aftermath of a tragedy isn’t easy. Financial records must be confirmed and reviewed. Financial projections must be taken into account. Apportionment needs to be considered. Valuing lost or impaired human lives is an even more sensitive subject.

This podcast presents a unique opportunity to listen to the world’s foremost compensation expert discuss related issues such as:

  • What is the duty of business claimants to mitigate their damages?
  • To what extent should insurance recoveries reduce payouts to victims of tragedy?
  • Does projected earnings power trump estimated years of remaining life when valuing human life?
  • Should receipts of charitable donations cause a reduction in compensation to victims of tragedies (or their families)?
  • What are objective surrogates for pain and suffering?
  • Why are recipients of compensation often more focused on relative payments versus absolute payments?
  • Why might the process of determining victims’ compensation be more important than the extent of compensation paid?

The Honorable Kenneth Feinberg is a preeminent lawyer and mediator. Professor Feinberg served as Special Master for compensation in the wake of America’s most horrific tragedies. He served in this role in the aftermath of the Agent Orange case and British Petroleum’s Oil Spill in the Gulf of Mexico. Mr. Feinberg served as Special Master on a pro bono basis for the September 11 Victim Compensation Fund, the Virginia Tech Shooting and the Trouble Asset Relief Program.

Professor Feinberg is a former chief of staff to Senator Edward M. Kennedy and member of two presidential commissions. He is also adjunct professor of law at Georgetown University, the University of Pennsylvania, Columbia University and New York University.