Simpson Thacher & Bartlett's Michael Kibler and Benjamin Gold argue that courts should avoid using trial dates as a measuring point for damages in commercial real estate cases. Some defendants in breach-of-contract cases have pushed for the method after watching property values plummet after the financial crisis. However, the traditional rule allows plaintiffs to recover the value expected at the time of agreement. Changing the rule would allow parties who breached contracts to benefit unfairly from the market crash, Kibler and Gold write.

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