Our professionals have provided consulting, support, and testifying expert services related to business and economic areas for a wide variety of high-stakes commercial disputes involving claims of breach of contract, breach of fiduciary duty, fraud, product liability, quantum meruit, and antitrust, among others. We also have extensive experience in all types of matters involving misappropriation and infringement of intellectual property at state courts, federal district courts, and the United States International Trade Commission.
EXAMPLES OF COMMERCIAL DISPUTE ENGAGEMENTS
- Matter involving claims of breach of contract and quantum meruit in which a party sought compensation for assisting a major gaming operation secure a lucrative gaming license in Macau. Engagement included preparation of expert reports regarding benefit of the bargain damages and reasonable value of services rendered.
- Matter involving antitrust claims in which an aftermarket auto glass wholesaler alleged an illegal conspiracy among its competitors and suppliers to eliminate it by orchestrating a group boycott. Engagement included preparation of affirmative expert reports for multiple experts regarding harm to competition and lost profit damages and multiple reply reports in response to the opposing expert’s rebuttal report.
- Matter involving numerous claims that a supplier of energy beverages brought against an industry leading competitor. Engagement included preparation of an industry expert report regarding retail shelf space and pricing strategy in the U.S. food and beverage industry.
- Matter in which former employees brought claims against a fuel oil trading company for promissory estoppel regarding alleged promises of equity interests, breach of service agreements, and defamation. Engagement included analysis of plaintiffs’ experts’ affirmative opinions and formulation of rebuttal opinions.
- Matter in which a patent attorney was accused of negligently allowing a client’s patent to lapse. Engagement involved development of rebuttal arguments to opposing expert’s theories and calculations of lost profits, preparation of trial demonstratives, preparation of direct examination outline, and preparation of outline used to cross-examine opposing expert.
- Matter in which an international manufacturer of rotating equipment solutions to various industries accused the sellers of the Brazilian manufacturer of industrial and marine engines of improperly accounting for tax credits and employee expenses, which resulted in over-payment for the acquisition. Engagement included preparation of an affirmative expert report assessing the reasonableness of the valuation multiple used to derive the acquisition price.
- Matter in which a party was seeking compensation under quantum meruit claims for assisting a start-up wireless carrier secure over $800 million in equity capital in an accelerated time-frame, which enabled the acquisition of wireless spectrum rights in Canada. Engagement included preparation of an expert report regarding the value of services rendered.
EXAMPLES OF INTELLECTUAL PROPERTY DISPUTE ENGAGEMENTS
- Matter in which a developer of autonomous vehicle technology accused the leading entity in the transportation-as-a-service industry of misappropriating its trade secrets. Engagement involved preparation of an expert report including a rebuttal analysis to the plaintiff’s expert’s opinions regarding unjust enrichment, reasonable royalty, and irreparable harm.
- Matter before the United States International Trade Commission involving allegations of an electric vehicle battery manufacturer misappropriating the trade secrets of its competitor. Engagement included assisting in the development of industry expert affirmative and rebuttal expert reports addressing the importance of Complainants’ trade secrets.
- Matter in which a web development vendor engaged to make the website of a leading retailer “responsive” countersued for alleged misappropriation of trade secrets. Engagement involved preparation of an expert report quantifying the maximum avoided costs by which the retailer could have been unjustly enriched and examining the various reasons why an attempt to quantify profits attributable to the alleged misappropriation of trade secrets would be unreasonably speculative.
- Matter before the United States International Trade Commission related to allegations of patent infringement by certain LTE-enabled devices. Engagement included an expert report, an expert rebuttal report, and testimony regarding various investments directed towards certain LTE-enabled devices in the United States.
- Matter in which a major snack foods company accused a competitor of infringing its patent covering food packaging. Engagement included analysis of opposing expert report and preparation of a rebuttal report.
- Matter in which a professional sport team allegedly infringed a trademark by using it on a social media game platform. Engagement included preparation of an affirmative expert report regarding reasonable royalty damages.
- Matter in which an oilfield services company asserted numerous claims, including misappropriation of trade secrets, against former employees who had joined a competitor. Engagement involved preparation of an expert report regarding several measures of damages, including lost profits, avoided costs, and compensation wrongfully received.