Dispute Resolution Services and Expert Testimony

  • Provided expert testimony at arbitration in support of pricing offered by a large manufacturer of aircraft engine components responding to allegations of breaches of long-term supply agreement with an aircraft engine manufacturer.  Also issued a separate expert report addressing plaintiff’s $100+ million damage claim.  Case settled in arbitration.
  • Provided expert testimony at an arbitration proceeding to determine the possessory interest value of the physical facilities at the Grand Canyon National Park. The work consisted of in-depth analyses of the reconstruction cost, including direct and indirect costs related to more than 300 structures at the South Rim of the Grand Canyon. Many of the structures are registered historical landmarks and contain many unique construction features, including the use of rare materials and hand-crafted workmanship. The work also included large database analysis of reconstruction cost and cumulative depreciation details for each of the structures.
  • Assisted a major bank in the defense of a lender liability suit in which the borrower claimed the bank’s actions caused the failure of his business. Work involved assisting counsel with document production requests; reviewing documents produced by the bank, the borrower and the borrowers’ bonding company, insurance agent and independent accountant; analyzing the business’ financial performance; and summarizing expert findings and opinions. Also critiqued the damage claim prepared by the plaintiff’s expert and provided expert testimony, which resulted in a jury verdict favorable to our client.
  • Provided expert testimony in a matter on behalf of a multilevel marketing company (health products). This matter involved defense of a claim brought by a downline member for alleged breach of contract. Performed extensive analysis of financial records, comparable companies and downline commission payment policies. The report included the rebuttal of the plaintiff’s quantification of damages and an alternative calculation, which involved assessing the value of the downline, appropriate discount rates for the income potential and other matters related to the value of the alleged claim.
  • Retained by counsel for a national park concessioner in arbitration where the client’s contract at Yellowstone National Park was awarded by the National Park Service to another company after soliciting bids for the contract. Performed a DCF analysis including revenue, cost and cash flow projections and development of a weighted average cost of capital in order to determine the fair market value of the contract rights being assigned to the incoming concessioner under the next contract period. Drafted expert report, arbitration exhibits, direct and cross-exam testimony and assisted counsel with ad-hoc analysis at arbitration.
  • Prepared a damage claim related to a post-acquisition dispute over the purchase price paid by a large franchisor to acquire an ice cream franchise business. Our analysis was focused on the financial information used in determining the purchase price along with information related to franchisees and the overall process of franchising employed by the seller.
  • Retained by counsel for a family-owned company that had entered into several sale-leaseback transactions with a major aircraft manufacturer for a series of multimillion-dollar turboprop aircraft. The client alleged that the aircraft manufacturer committed fraud and breached the sale-leaseback agreements by not giving preferential treatment to the client’s aircraft for training and demonstration purposes in order to avoid generating lease revenue for the client that the manufacturer had told the client would offset the client’s cost of ownership on the aircraft. Specific analyses included a review of approximately 100,000 pages of various aircraft flight logs and maintenance records to determine what levels of lease revenue the client would have otherwise earned but for the defendant’s alleged actions. Issued expert report and exhibits.
  • Prepared a rebuttal report that addressed damages calculated based on lost business value in recreational-vehicle dealer termination arbitration. The plaintiff claimed that our client engaged in channel-stuffing and dealing in bad faith that resulted in the loss of the dealership due to excessive inventory carrying costs and inventory that was unable to be sold. We reconstructed the dealership’s financial statements including statements of cash flows based upon incomplete record-keeping and determined that the dealership was undercapitalized and engaged in poor cash flow management as well as poor internal controls.
  • Engaged to prepare a damage rebuttal on behalf of a major international airline. The report was to assist the airline in defending a claim for damages—including expenses, lost and consequential profits and interest—amounting to approximately $120 million, made against the airline as a result of the alleged unlawful early termination by that airline of wet aircraft leases with a third party.
  • Prepared a damage claim related to a wrongful termination lawsuit. Our analysis included verifying historical compensation information, and preparing future income projections based on information from vocational and medical experts.
  • Worked on behalf of a major UK telecommunications company to prepare its defense to claims made by the claimant as a result of a failed gaming/lottery enterprise. We assessed the market potential of the enterprise and critiqued its business plan, the demographic changes impacting its viability, its business operations and the alleged costs incurred throughout its operating life (pre-launch, launch, follow-on, demise) and auditing the financial records of the enterprise as part of our claim rebuttal activities. Favorable resolution obtained by our client.

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