Economic
Damages
Damages can occur in a broad range of circumstances, including but not limited to breaches of contract, breaches of licensing agreements, business interruption, intellectual property infringement, fraud, and asset misappropriation. Whether the remedy consists of lost profits, unjust enrichment, or diminution in value, we have the experience to assist you in assessing and quantifying the claim.
Damages Assessment Process
Our combination of qualifications and experience allow us to call upon our forensic and valuation skills to ensure we are viewing the damage assessment from every angle and producing credible assignment results.
Pre-Dispute
We can assess the potential magnitude of a damages claim at the outset of a dispute, to enable informed and strategic decision making.
Settlement
If the dispute progresses, we can identify the documents and information that will form the best evidence of value to supplement discovery requests and provide preliminary estimates of damages to assist in preparation of filings. We will assist in the development or review of settlement demands and prepare various scenarios of potential outcomes for consideration.
Litigation
Our dispute consulting services include assistance with the preparation of deposition outlines, as well as testimony attendance. Having a damages expert on the team charged with developing questions and scrutinizing responses of lead witnesses can bring vital information to light in real time. We then distill the relevant data and apply generally accepted methodologies to develop independent affirmative opinions on damages, or rebuttal of opposing expert reports and analyses.
Trial
Prior to trial, we will assist in the preparation of direct and cross-examination outlines. At trial, our experts will draw on their experience in depositions, arbitration, and court settings to provide credible oral testimony. If requested, we will also provide critical insights regarding the testimony of opposing experts or lead witnesses.
Representative Experience
COMMERCIAL DAMAGES
General Contractor, Forensic Analysis, Valuation, and Economic Damages
We have performed a fair market valuation of a construction business and calculation of damages derivatively and on behalf of minority shareholders based on allegations of misappropriation of funds and diversion of business opportunities by the majority shareholders. We gave deposition testimony in the Court of Chancery of the State of Delaware.
Computer Software Design and Maintenance, Lost Profits
We were engaged to calculate damages to a provider of software design, development, implementation, and maintenance located in Bangkok as a result of a licensing dispute with a U.S.-based software distributor. We gave deposition testimony in the U.S. District Court for the Eastern District of Pennsylvania.
Online Retailer, Trademark Infringement Damages
We were engaged to compute damages where it was alleged that a leading provider of equipment and supplies to the foodservice industry wrongfully used the trademark of another online retailer in its Pay-Per-Click advertising campaigns. Plaintiff sought disgorgement of defendants’ profits. Damages were based on sales records provided by the defendant and computed under multiple scenarios based on a variety of potential findings with respect to liability.
Integrated Security Systems Provider, Lost Profits
We calculated damages to a provider of integrated security systems as a result of the alleged breach of contract of a long-time supplier of hardware and software with whom the company collaborated. The collaboration was intended to lead to the production of an exclusive system that would be integrated with the company’s existing systems, but the supplier failed to complete the integration according to specifications and phased out the company's earlier systems. As a result, the company had to replace many of its customers’ security systems.
Home Healthcare, Forensic Analysis and Lost Profits
We performed a forensic analysis and calculated lost profits related to a 50% shareholder in a home healthcare business failing to devote his efforts to the business and starting a competing firm, resulting in the loss of approximately 30% of the original business’ client base.
Insurance, Lost Profits
We were engaged in two separate cases to respond to damages claims made by an insurance brokerage for alleged breach of restrictive covenants and other provisions of employment agreements by former employees and their respective subsequent employers.
CLASS ACTIONS
Unfair Trade Practices and Consumer Protection Law
We were engaged on behalf of the class to calculate damages where it was alleged a grocery store chain had violated program regulations of Pennsylvania’s Supplemental Nutrition Program for Women, Infants, and Children, and as a result, violated the UTPCPL. We gave testimony in the Court of Common Pleas of Philadelphia County.
Fair Labor Standards Act
We were engaged on behalf of the class to compute damages resulting from a defendant home healthcare agency allegedly failing to pay overtime at 1.5 times the regular pay rate, pursuant to the FLSA and Pennsylvania Minimum Wage Act.
Lanham Act
We were engaged on behalf of the defendants who were alleged to have violated the Lanham Act through false advertising of bottled water to analyze factors used in determining whether the class should be certified. We reviewed the plaintiff's expert report, which contained anticipated damages to the class approximating $100M. Class certification was denied.
DAMAGES TO INDIVIDUALS
Securities Broker/Dealer Forensic Analysis
We performed a forensic analysis of funds contributed by and withheld from the plaintiff throughout the term of an independent contractor’s relationship with a securities broker/dealer. We gave testimony at a Financial Industry Regulatory Authority (FINRA) arbitration hearing.
Disability Insurance, Calculation of Damages
We calculated damages resulting from alleged bad faith by an insurance company in its refusal to pay on a long-term disability claim. We gave deposition testimony in the U.S. District Court for the Eastern District of Pennsylvania.
Freight Forwarding Company, Incentive Awards Analyses
We analyzed incentive awards to executives of a freight forwarding company and events that occurred over the course of a private equity investment as part of a dispute over whether the incentives were triggered and would have caused compensation to become due under the respective awards. We also calculated damages.
TESTIMONIALS
"I have worked with Megan for a number of years. She is as sharp as they come. A hard worker with real world practicality and expert knowledge. If I am going into battle (litigation), I want Megan on my team.
Jim Quinlan / Chief Legal Officer / LifeBrand
"I highly recommend Megan and her firm!"
Brett A. Datto / Commercial Litigator
