---

Quantitative Models

Advanced quantitative models can be useful in making more reliable predictions of what will happen, or what should happen. Our Team use these models in certain damage analyses and appraisals. We perform the underlying, complex math, and then simplify the explanations so that triers of fact can comprehend their importance and veracity.

Representative Cases:

On numerous occasions, Our Team has:

• Used regression analyses to calculate the fixed and variable/incremental profit rates, generally for purpose of analysis of lost profits or disgorgement
• Calculated price premiums of products using statistical analyses, often in connection with a trademark infringement or false advertising claims
• Determined how much benefit a plaintiff received from a Most Favored Nations clause
• Used computer models to assist in class certification of a class action lawsuit

Our Experts calculated payroll damages owed due to labor code violations for a class action lawsuit. The owners of a chain of franchise fast-food restaurants (i) had not been making timely payroll payments, (ii) not been providing lunch and rest breaks, (iii) not paying overtime and (iv) not paying outgoing wages. The employer had hundreds of employees over several years, and did not have proper records to reconcile payroll to timecards, so Our Experts (effectively) recreated their payroll records. We then calculated penalties owed under California State Law. This matter did not go to trial; our work was used to aide in settlement.

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 (byproduct of decomposition in landfills) of sufficient quantity and quality to keep the 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.

Related Experience:

---