Hemming Morse professionals possess deep expertise in accounting, finance, economics, statistics, licensing, and business and asset valuation. Our professionals are also experienced and skilled in the development of damages models in commercial litigation and similar disputes, as well as in providing credible, well-supported expert testimony. We often measure damages resulting from alleged wrongful acts in the form of lost profits, diminution-in-business value, out of pocket damages, or a reasonable royalty. We also have extensive experience preparing analyses of alternative damages measures such as quantifying unjust enrichment or defendant’s profits.
Our testifying experts utilize a hands-on approach to ensure clients receive robust, high-quality work product in a highly responsive manner necessary in disputes such as those dealing with breach of contract, interference with prospective economic advantage, fraud, false advertising, intellectual property infringement and misappropriation, antitrust, and discrimination claims.
Our analysis of damages often involves research to evaluate historical financial statements, business plans, and projections, as well as consideration of industry conditions. It is increasingly common for our work to employ electronically stored information, including large datasets. These datasets may involve millions, tens of millions, or even more records. These types of data are used to prepare our analyses and findings and to respond to opposing expert analyses.
Royalty Dispute
A developer of wireless technologies retained Hemming Morse to test royalties owed by a computer manufacturer for an arbitrated dispute. Hemming Morse examined the process in which royalties were calculated and tested amounts paid under the license agreement, including consideration of alternative interpretations of the contract, in regard to what was royalty bearing. Hemming Morse issued written reports outlining royalty amounts due to the claimant and a Hemming Morse expert provided testimony at arbitration.
