Measuring damages in litigated disputes is a complex endeavor. Determining with reasonable certainty the measures of economic harm requires evaluation of theories of damages, of causation issues and the ability to create and measure alternative economic scenarios.
Among the many variables to be analyzed are
- On behalf of the U.S. Department of Justice, provided analysis and expert testimony in several engagements defending the Department of Energy against breach of contract claims involving hundreds of millions of dollars related to the costs associated with the storage of spent nuclear fuel.
- Evaluated a variety of damages considerations involving the assertion of so-called “deepening insolvency” as a theory of damages. In that regard, we have constructed and evaluated models that sought to measure the difference between actual results and but-for results. Deposition and trial testimony provided.
- Evaluated losses sustained by a major international systems developer in connection with development of health care management systems. Deposition testimony provided.
- Engaged by counsel in defense against claims related to damages involving genetically altered agricultural products. Deposition and arbitration testimony provided.
- Engaged to critique an assertion of consequential damages that were allegedly incurred in connection with a delay in the reconstruction of a building complex that was destroyed by Hurricane Katrina, including an assessment of alleged increased construction costs as well as calculations of alternative measurements of financing costs and investment income.
- Engaged to review, evaluate and quantify damages in multiple royalty related breach of contract disputes. These calculations include complex modeling and discounted cash flow calculations. These engagements have been in the context of arbitrations, including an ICC arbitration and have included both the issuance of expert reports and testimony.
- Engaged to rebut assertions of losses allegedly sustained by a pharmaceutical manufacturer as a result of the use of a tainted product which caused injury and death. Veris’ work included rebutting certain claims for lost profits and other alleged damages.
- Constructed a lost-profits model and presented that model at trial in litigation involving asserted contractual breaches related to global positioning satellite systems in the U.S. aviation industry.
- On behalf of a global technology company, rebutted damages calculated by a variety of experts in connection with a dispute involving losses from the utilization of faulty materials in the production of tankless water heaters.
- In several matters, engaged to perform calculations in the context of post-acquisition purchase disputes dealing with a variety of accounting and economic issues pursuant to provisions of acquisition agreements.
- Engaged to assist Plaintiff’s counsel to review, analyze and express opinions regarding the appropriateness and reasonableness of prices charged to consumers based upon the estimated costs of the product and a fair rate of return on those costs. Also included measurements of the economic consequences to customers, to the extent they were charged and paid a price which exceeded an appropriate and reasonable amount.