Economic and Other Damages
Our team of seasoned experts have provided damage analyses in nearly every conceivable context. Bates Group experts have provided opinions in many dispute resolution forums related to measuring economic impact arising from historical and future loss of profits, impairment/loss of business value, intellectual property claims, disgorgement, solvency and fraudulent transfer issues, adversarial proceedings in bankruptcy, unjust enrichment, fair value determination in shareholder disputes, post-acquisition disputes, post-employment restriction claims, fraud, business interruption, lost future wages, and loss of support claims, to name a few.
Our practitioners are experts in generally accepted practices and benchmarks for estimating damages in all types of claims, as well as best practices in documenting and supporting the calculated figures. We have helped counsel by ensuring that the appropriate supporting documents are obtained and have helped to separate necessary from irrelevant information in making these calculations. We also provide guidance as to analysis approaches that are likely to prevail in a given matter, based on our previous experience. Our experts can also provide valuable insights to counsel by analyzing the damages-related claims put forth by opposing counsel and their experts. In many instances, we have been able to identify and analyze key misstatements, or inaccurate assumptions, that significantly mitigate the damage amount claimed without ever having to create an alternative model ourselves. Our clients have found these types of services to be especially helpful in pre-litigation and mediation phases.
Some example engagements include:
- Provided a comparative damages analysis on behalf of a major medical group evaluating the benefits (in both dollar and patient outcome terms) of selecting one type of heart valve replacement model over another;
- Calculated the earning potential of a portfolio of patents as part of an on-going intellectual property dispute;
- Served as the expert for the Unsecured Creditors’ Committee on solvency and fraudulent transfer, related to an attempt to take private a large newspaper and media company headquartered in Chicago;
- Prepared damages analyses in several class action matters regarding one of the big-three cellular telecommunications companies and the early termination fees charged to clients who exited their contracts before agreed-upon termination dates;
- Rebuttal of opposing expert’s methodologies and opinions regarding a $98.2 million claim for damages on alleged patent infringement and price erosion in the semiconductor industry;
- Prepared balance sheet, liquidity, and capital adequacy tests, as well as analyzed markets to determine the underlying timing and reasons for failure of a $24 billion leveraged buyout; and
- Calculated damages incurred due to the wrongful seizure of plaintiff’s five-million-barrel terminal storage facility and access to a pipeline that crossed the Panamanian Isthmus;
- Determined business interruption damages suffered by a refinery as a result of a third-party causing damage to the hydrocracking unit, a key process in refining high-sulfur “sour” crudes; and
- Analysis to determine the extent to which allegations of breach of post-employment restrictions served to damage previous employer. The claim made assumptions regarding the extent to which a single large client’s migration was caused by a single ex-employee.
These are just a few examples that show how our depth of experience in the field of damages allows us to confidently tackle large, complex, and unique cases.