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Our Work on Lost Profits & Disgorgement

Representative Cases:

Our Experts worked with a regional, Hispanic grocery store chain. They received a bad batch of maize, which is an essential ingredient to make tamales and a significant driver of sales during the holiday season. The following years, the grocery store suffered decreased sales. Our Experts calculated past and future lost profits. This matter never went to trial; our conclusions were used to achieve a favorable settlement.

Our Experts worked on a case involving a team botanists with the University of California. They produced patented, genetically-engineered plants for commercial agriculture. Due to the actions of the UC, the botanists lost access to their genetic materials, which meant there were several years they were unable to product plant cultivars. Our Experts calculated several hundred million dollars of lost sales due to loss of these patented cultivars, which The Court adopted.

Our Experts were involved in a dispute between a waste-to-energy company and one of their customers, a landfill. The energy company required natural gas (a byproduct of decomposition of landfill materials) of sufficient quantity and quality to keep their turbines operational. When the landfill was unable to meet the requirements, production fell, and the energy company sued for lost profits. Out Experts analyzed damages using an complicated model that tracked daily gas quantity, gas quality, and production metrics, which were ultimately used to reach a favorable settlement.

Our Experts worked with one of the largest manufacturers of authentic Asian food in the US. The company had an dispute with their suppliers where their packagers were not sealing properly, leading to lost production capacity in order to reseal and re-sterilize their goods. Our Experts calculated their lost sales, which were consistent with the damage estimates from company leadership. This led to a favorable settlement for our client.

Our Experts were involved in a case involving one of the largest publishers of educational materials and study guides in US. Their copyrighted materials were stolen by a competitor who then out-bid them for several contracts with state agencies. Our Experts calculated lost profits on these contracts. This matter did not go to trial; our conclusions were used to receive several million dollars in settlement.

Our Experts worked on a case involving an oil field services company that manufactures the saltwater solution used as an additive in drilling fluids for the oil and gas industry. They believed one of competitors had stolen their proprietary solution and taken one of their largest customers. Our Experts calculated their lost profits. The Court accepted our conclusions and awarded damages significantly lower than the opposing expert had claimed.

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