Damages Illustration

Litman v. Goldberg — Index No. 524343/2025 — NY Civil Rights Law §§ 50-51
Estimates based on documentary evidence from Defendant's own financial records
Portal Home Settlement Dashboard Counsel Dashboard All Exhibits
Conservative Damages Exposure
$11,115,876
Based solely on verified numbers from Goldberg's own spreadsheets and recorded documents
This estimate uses the conservative "additional royalty" theory for § 51 damages, not the full-profits theory ($29.6M). All underlying numbers are from financial records Goldberg sent to Litman via email and cannot be disputed.
How the Number Breaks Down

Unpaid Purchase Price Payments

20% of collected fees owed under the Combination Agreement. Payments stopped after Oct 2024. Verified from quarterly allocation spreadsheets.

$214,914
VERIFIED

20% on Outstanding Receivables

$3,183,566 in AR attributed to Litman as of June 2025. When collected, 20% ($636,713) is owed. KFU: $1.02M AR. KSU: $1.06M AR. Other clients: $1.1M.

$636,713
VERIFIED

§ 51 Damages — Unauthorized Name Use Royalty

Additional 20% royalty on $18.53M collected under Litman's name without written consent. This is SEPARATE from the contractual purchase price — it compensates for the unauthorized commercial exploitation of Litman's professional identity on 905 patents, 206 USPTO documents, and the firm website.

$3,705,292
CALCULATED

Exemplary Damages (available under § 51)

Post-arbitration conduct: 16 POAs signed after written notice of name rights reservation. See willfulness evidence in settlement presentation.

Illustrative: $3,705,292
ILLUSTRATIVE

Arbitration Award + Statutory Interest

$316,870 base award (Goldberg's own calculation). Plus 9% statutory interest from June 14, 2023 through March 2026 (~33 months) = ~$78,672. Plus ongoing interest and attorneys' fees for enforcement.

$395,542
CALCULATED

Future Revenue at Risk (Injunctive Relief)

Court order to remove Litman's name from all future filings, the website, and client materials. Based on current run rate ($1M+/month), loss of Litman's name could jeopardize $2.46M+ in annual billing from KFU alone. This is what Goldberg stands to lose if forced to stop using the name.

$2,458,123
ESTIMATED

TOTAL ESTIMATED EXPOSURE (CONSERVATIVE)

Contractual + § 51 Royalty + Punitive (1x) + Arbitration + Injunctive Risk

$11,115,876
CONSERVATIVE
What Goldberg Gained vs. What He Paid

Revenue vs. Cost of Litman's Name

Where the Money Went (2020-2025)

Every Number Is From Goldberg's Own Records

Total Revenue Under Litman's Name

$18,526,460

Collected fees on matters where Litman is the originating attorney, Q1 2020 through May 2025.

Source: Litman 2025 Summary_May.xlsx (sent by Goldberg to Litman via email)

Litman's Contractual Share (20%)

$3,705,292

Purchase price payments owed under the Combination Agreement. Verified against quarterly allocation reports.

Source: Fee Allocation Summary spreadsheets, Q1 2020 through Q2 2025

Goldberg's Personal Fee Credits

$76K–$236K/mo

Goldberg's monthly personal income from work originated by Litman. March 2024 peak: $207,135 in one month.

Source: Payment Allocation by Client Reports (monthly, RCL originating attorney)

Outstanding Receivables

$3,183,566

Invoiced but uncollected fees still attributed to "Richard Litman" as responsible attorney. 1,345 line items.

Source: Receivables_All.xlsx, June 5, 2025 (requested by Goldberg himself)

Purchase Price of Litman's Name

$214,532

What NGM paid for the "Litman Law Offices, Ltd." service mark and accounts receivable in 2017. The trademark acquisition cost was $214,532. Revenue under Litman's name totaled $18.5M.

Source: BP and NGM Amendment 5617, signed by Goldberg (May 2017)

Firm Dependency on Litman's Name

76–79%

Percentage of total firm revenue from Litman-originated work in any given month. Without his name, the firm loses its primary revenue source.

Source: Firm-Wide Payment Allocation Reports (Mar 2024, Aug 2024)

Evidence Bearing on Exemplary Damages

The documentary record bears on the willfulness question. Relevant evidence includes:

• Goldberg signed 14 Powers of Attorney listing a disabled colleague as attorney
• Litman told Goldberg in writing: "does not include the right to use my name" (April 30, 2021)
• Goldberg's own Assignment states: "Assignor owns his name" — he signed it himself
• Litman asked 5+ times over 4 years to notify clients and be removed — Goldberg ignored every request
• An NGM employee told Goldberg "he doesn't work here anymore" in May 2021 — Goldberg signed POAs for 3 more years
• MetLife approved Litman's disability claim Nov 11, 2020 — Goldberg received the approval directly
• Litman: "There is no basis without my consent" (June 24, 2025) — Goldberg's lawyer didn't even respond to the name-use claim

"I have never put as much trust in other people as I have in you and Jerry." — Litman to Goldberg, June 7, 2020 (8 days before SOL cutoff)
"I will do everything I can to continue to be worthy of that trust." — Goldberg's reply, June 8, 2020
Conservative vs. Full Profits Scenarios
Component Conservative Full Profits Basis
Unpaid Purchase Price $214,914 $214,914 Verified from master summary
20% on Outstanding AR $636,713 $636,713 $3.18M AR × 20%
§ 51 Damages $3,705,292 $14,821,168 Conservative: additional 20% royalty
Full: 80% profits from unauthorized use
Punitive Damages $3,705,292 $11,115,876 Conservative: 1x § 51 amount
Full: exemplary multiplier — based on willfulness findings
Arbitration Award + Interest $395,542 $395,542 $316,870 + 9% statutory interest (33 mo.)
Injunctive Relief Value $2,458,123 $2,458,123 Annual KFU revenue at risk if name removed
TOTAL EXPOSURE $11,115,876 $29,642,336
Damages Accrued Over Time

Cumulative Revenue Under Litman's Name (2020–2025)