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Economic Damages

Home  /  Our Expertise  /  Economic Damages
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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.

False Advertising

In a consumer class action, the plaintiffs claimed that the packaging on a popular beverage used a slogan that indicated the product came from Brazil, when in fact it was manufactured in other countries. The plaintiffs asserted this advertising caused them to buy the beverage in question and/or pay inflated prices. The Hemming Morse team developed a hedonic regression model to estimate the price premium impact of the alleged false advertising on the package, as distinguished from other product attributes, with the Hemming Morse expert providing testimony in the matter.

Antitrust Claims

Hemming Morse was retained by counsel on behalf of a semiconductor developer to assess damages caused by a competitor’s anticompetitive behavior. Hemming Morse assessed and calculated lost profits associated with the delay in the plaintiff’s development and sale of its products, as a result of the alleged wrongful behavior.

Breach of Contract/Employment Dispute

Counsel for the president of a division of a large title insurance company retained Hemming Morse in connection with a suit against the company for breach of contract. In this instance, our client alleged that the company had breached his employment contracts by not providing stock grants and stock option awards to which he was entitled. The Hemming Morse team developed financial models quantifying damages to the plaintiff, including quantifying the value of the stock grants and stock option awards. The Hemming Morse expert provided testimony at trial.

Copyright Dispute

A Hemming Morse expert was retained by counsel to a clothing and sportswear company to analyze economic, financial, and damages issues related to transactions between the company and a rock ‘n’ roll photographer. These transactions covered signed image prints of legendary rock performers that later became disputed by the heir to the rock ‘n’ roll photographer’s estate after his unexpected death. The expert analyzed industry information and business records, including publicly available information about the price to purchase similar images, and quantified the value of the alleged wrongful use of the copyrights.

Jim Andersen

Partner

Travis Armstrong

Partner

Nathan Fan

Principal

Stuart Harden

Partner

Rachel Hennessy

Principal

Daniel Ray

Partner

Greg Regan

Partner

Paul Regan

Partner

Brian Repucci

Principal

Susan Thompson

Partner

Christian Tregillis

Partner

Sacha Zadmehran

Principal

Related Service Areas
  • Alter Ego and Entity Relationships
  • Business Valuation
  • Construction Dispute
  • Forensic Accounting – Investigations of Improprieties
  • Intellectual Property Damages
  • Labor Disputes
  • Large-Scale Data
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