Our economic damages consultants and expert witnesses play a critical role in the outcome of commercial and business disputes. Through their expertise and communication skills, they bring all components of a dispute together in a manner in which attorneys, judges, and juries can understand. Both plaintiff and defendant experts apply critical analyses to all aspects of a case, from pre-litigation assessment, through discovery, to post-judgment analysis.
Our multidisciplinary team consists of leading professionals who are nationally recognized experts in economic damages, valuation, IFRS and US GAAP, enterprise risk management, tax matters, due diligence, ethics, forensic accounting, asset forfeiture and fraud. This diverse expertise allows us to offer a unique risk-based approach to the litigation process, all areas of which are addressed by our team.
Our damages opinions and critique of damage calculations include consideration of internal and external factors affecting the dispute, application of professional standards, tax issues and accounting standards.
Risk-based economic damages services
Our risk-based economic damages services include the following matters:
Intellectual property disputes
Breach of contract
Employment and personal injury
Legal and accounting malpractice
Our approach is utilized in all damages theories including actual and
consequential damages, compensatory damages (expectation damages and
reliance damages), and restitution or disgorgement damages.
Economic damages experts
As economic damages experts, we can assist the parties and their attorneys with:
Proof of business facts
Computation and critique of damages
Development of case strategy
Example Engagement: Copyright Infringement
We were engaged by an attorney and their client to prepare a formal damages calculation and report. We were also requested to testify in United States District Court with respect to our calculation of damages and rebut the calculation of the opposing expert.
Two competitors in a retail segment accused each other of
copyright infringement on certain designs that were similar in nature and being
sold by both companies. Our client alleged that the opposing party infringed on
their copyrights for numerous products and profited from these products. As a
result of these alleged claims, our client claimed a right to certain damages
due to these infringements.
We calculated damages attributable to Lost Profits and Disgorgement with respect to the alleged infringement, and Lost Profits with respect to claim of Tortious Interference. We considered market and industry conditions and both parties revenue and expenses in relation to the products, particularly the incremental, or variable, expenses and price per unit. Our analysis consisted of financial modeling coupled with our expertise in the retail markets and economic theory. We were able to provide value to the client by providing a comprehensive and well-reasoned damages report along with expert testimony to the jury.
This engagement was unique in that the retail segment was being disrupted through numerous avenues, one of which being the switch from brick and mortar to online sales. It is important to understand market trends not only for how customers now shop, but also for the expenses that our client and the opposing party were incurring because of this shift. Understanding these expenses, how they affected the outcome of the damages calculation, and also how they affected the business models going forward was a critical component to our damages calculation and rebuttal testimony.