Economic Damages

Business Valuation

FINANCE, VALUATION & DAMAGES

 

Our damages and valuation experts offer financial analysis, litigation support, expert testimony, and advisory services. We provide independent and objective analyses and opinions employing proven methodologies and techniques in economics, finance, accounting and statistics.

The analysis of complex damages, lost profits and claims of loss of business value have been core practice areas of our professionals for over two decades, having consulted in hundreds of cases in a wide variety of subject areas and industries.  Our work is typically focused on preparing claims of economic losses or assessing the calculations and opinions of other experts.  We are experienced in providing clear and instructive reports and expert testimony to assist in the resolution of disputes.

We have substantial expertise in the valuation of businesses, securities and assets, including intangibles, and the analysis of complex damages in commercial business disputes.  We have extensive experience in claims of breach of contract, lost profits, unjust enrichment, diminution of value, business interruption, and tort damages.    

 

 
PRIMARY CONTACTS

 

A. Charles Tormo, CPA, ABV, CFE
Robert J. Boudousquié, CPA, ABV, CVA, CFE 
Laurance L. Prescott, PhD
 
EXPERTISE

 

  • Complex commercial damage calculations

  • Breach of contract damages

  • Lost profits and unjust enrichment

  • Loss of business value / destruction of business 

  • Tort damages

  • Disgorgement damages

  • UCC / state commerce code damages

  • Cost of capital / discount rate analysis

  • Valuation – business/partnership/securities disputes

  • Valuation of closely held firms

  • Derivatives and complex securities valuation

  • Intellectual property and intangible assets valuation

  • Patent and copyright infringement damages

  • Trademark and trade dress infringement damages

  • Misappropriation / theft of trade secrets

  • Reasonable royalty determination    

  • Antitrust damages, quantification of convoyed sales, price erosion

  • International Arbitration – valuation and damages

  • Failed software implementation damages

  • Data breach and cybersecurity loss evaluation

  • Punitive damages

  • Prejudgment interest calculations

 
REPRESENTATIVE EXPERIENCE

 

Breach of Lease / Crude by Rail – Damages under UCC provisions to a lessor of crude and ethanol rail tank car fleets from an alleged breach of contract involving transportation of Bakken crude to the U.S. Gulf Coast.

Valuation of Ownership Interest / Oil & Gas – Valuation of ownership interest in drilling rig business in connection with shareholder dispute.

Damages / Failed Software Implementation -Damages resulting from alleged fraud, misrepresentations, and breach of contract in failed implementation of ERP enterprise system software.  Quantification of $60 million claim of out-of-pocket costs, extra expenses and lost profits in context of extensive project delay.

Valuation / Expropriation / Foreign Investment Treaty – Valuation and damages from expropriation of concession to develop and operate Mexico’s first federal motor vehicle registration system.  Quantification of $100 million damage claim in ICC international arbitration.

Damages / Antitrust / Tobacco Industry – Lost profit damages to leading tobacco multinational from long-term anticompetitive conduct by competitor in Chilean cigarette market.  Work included econometric analysis of market and price data probative of anticompetitive conduct. 

Damages / Breach of Contract / Rail / Chemical Storage – Damages in breach of contract dispute involving rail transportation of ethanol by unit trains to storage facilities in Texas. Quantification of logistics costs, extra expenses, delay costs, mitigation costs, and lost profits. 

Valuation / Joint Venture / Petrochemicals – Fair market value analysis of limited partnership interest in joint venture holding world-scale propylene oxide and styrene monomer petrochemical manufacturing facility.

Damages / Real Estate Development / Hospitality – Damages in breach of contract involving sale and development of undeveloped land and valuation of ownership interest in planned construction of hotel in Houston Galleria area.

Damages / Real Estate Development / Residential – Valuation of limited partnership interests holding residential real estate for development and sale in golf course subdivision.

Damages / Intellectual Property / Trade Secrets / Oil & Gas – Damages in alleged theft of trade secrets dispute between competing drilling equipment manufacturers.  Quantification of lost profits and profits subject to disgorgement. 

Damages / Real Estate Development / Commercial – Lost profit damages in financing dispute between developer of large-scale downtown commercial office building and major international financial institution.  Analysis of rental rates, tenant improvement allowances, absorption assumptions, and funding needs.

 

INDUSTRIES

 

We have experience in preparing and reviewing claims across a wide range of industries and markets.  

 

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