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Example Contributions - Litigation

1 Damages due to patent infringement Major Japanese components manufacturer. Defendant
  • Market reallocation
  • Panduit tests
  • Plaintiff's lost profits
  • Showed plaintiff had a history of uncompetitive high costs.
  • Showed defendant had created a major new market segment in which plaintiff didn't participate.
  • Turned plaintiff's expert into, effectively, an expert for the defense.
  • No lost profits awarded.
  • Court used our framework for judging plaintiff's participation in the market.
2 Shareholder class action for fraudulent earnings projections by management Board of Directors of a Fortune 100 company. Defendant
  • Reasonableness of optimistic forecasts just before an industry downturn
  • Seemingly incriminating internal memos and planning documents
  • Showed defendant's planning process and safeguards were comparable to those of other top U.S. companies.
  • Showed that key competitors and suppliers were equally surprised by the downturn.
  • Sharp cross-examination of plaintiff's experts led judge to stop the trial and issue a directed verdict for the defense.
3 Lost earnings due to personal injury Minor League baseball player hurt in an auto accident Plaintiff
  • The player, a top 1st-round draft choice, was released by his club, ending his baseball career.
  • Showed that statistically, the player would most likely have reached the Major Leagues.
  • Provided a framework for the jury to use in estimating his earnings if he'd been able to continue in baseball.
  • Jury agreed he would have reached the Majors.
  • Jury awarded compensation equivalent to $1.13 million.
4 Consequential damages due to denied claims by insurance company A top underwriter of corporate general liability insurance. Defendant
  • Cause of a 50% fall in plaintiff's stock price
  • Cause of canceled acquisitions and business expansion by plaintiff
  • Uncovered major flaws in the reasoning of plaintiff's economic expert
  • Showed that plaintiff's stock prices were governed mostly by security analysts' dim view of plaintiff's strategy.
  • Created interrogatories to uncover the Board's own doubts about the plaintiff's bsiness strategy.
Shortly after interrogatories were served, plaintiff dropped its consequential damages claim.
5 Monopolization suit filed by Fortune 500 competitor Major U.S. producer of packaged foods Defendant
  • Defendant's unusually high market share
  • Large number of apparently-incriminating business practices by defendant
  • Showed defendant's high share was due to 80+ years of cost leadership, plus pioneering in food chemistry, manufacturing, marketing, and other fields.
  • Showed defendant's business practices were similar to others in the industry.
  • Uncovered plaintiff's blunders that explained its lack of success.
  • On the eve of trial, plaintiff dropped its monopolization claim.
  • Appeared before FTC staff to head off a threatened government action on the same grounds.
6 Class action employee sex discrimination against a Fortune 100 company Female employee representing the class. Plaintiff
  • Comparable worth for women employees
  • Discrimination in promotion and hiring practices
  • Showed that defense expert's testimony had errors that masked the extent of salary discrimination.
  • Applied appropriate model showing that discrimination had occurred.
  • In cross-examination, defense's expert acknowledged his error and confirmed our model showing discrimination.