Business Interruption. Floor specially designed to support a production line in a steel plant failed, causing production to shut down on several occasions for periods of days or months. Calculated lost profits to steel company due to shut down of production line, based on company's production records. Participated in mediation between steel company and engineers and contractors of specially designed and constructed floor.
Product Liability, Damage Calculation. Plaintiff sued provider of electronic controls installed on steel rolling mill, claiming controls never worked properly. Inability to produce product from machine due to faulty controls precluded plaintiff from entering a new market, which plaintiff was convinced would be extremely profitable. Analyzed potential profitability of proposed product and difficulty of successful entry into new market.
Business Interruption. Plaintiff alleged defendants' products failures led to fire that burned facilities to the ground and caused business interruption, as well as permanent loss of some contracts. Critique of plaintiff's lost profits claim, including alternate calculations based on differing sets of assumptions about company, and industry performance.
Insurance Claims, Damage Calculations. For a manufacturer of asbestos products, calculated financial damages to business due to insurance company's failure to indemnify company against thousands of claims related to asbestos exposure.
Fraud. Company employee was a principal in several businesses, which had supply contracts with employer. Documents, which provided back up to invoices were falsified, leading to excess charges. Reviewed defendant companies' payroll records for evidence of misrepresentat0in of time worked on contracts. Tested validity of compensation records.
Shareholder Dispute. Representation of minority shareholder in lawsuit that was filed after majority shareholder had him voted off the board of directors illegally, and locked him out of the company premises. Identified company books and records to be copied and supervised document production; searched records for evidence of misappropriation of company assets and transactions with related parties. Reviewed financial statements prepared by company's CPA, who was also a director of the company, and, therefore, not independent with respect to this client. Assisted with preparation of interrogatories and document demand to CPA.
Shareholder Class Action Suit. On behalf of corporation defending a shareholder class action suit, reviewed internal documents for timing of certain events within the company, and compared to timing of public announcements of these events.
Lost Profits. Plaintiff, a manufacturing company, sued vendors of hardware and software and systems consultants it retained to assist with purchasing of new manufacturing system to run plant, which had severe scheduling bottlenecks, among other problems. Computer system never performed according to representations of sellers and company sued. Calculated plaintiff's lost profits due to failure of system to perform as promised.
Licensing Agreement. Client licensed right to production and sale of proprietary emblems on cloisonnÚ pins and other items for major national event. Client alleged it did not receive licensing fees it was entitled to on all sales by licensee. Reviewed books and records of licensee; calculated actual sales and fees due to plaintiff.
Marital Dissolution. Analyzed family business in the garment industry; traced separate and community funds; examined estate accounting and sources of funds to purchase certain assets whose ownership was contested. Reviewed opposing expert's deposition transcript and provided questions to counsel for cross-examination of opposing expert at trial. Opposing expert impeached at trial and his testimony withdrawn.
Breach of Contract. Distributor of parts for transit buses sued supplier of brake parts for failure to deliver parts on schedule and substitution of non-specification materials in parts. Analyzed plaintiff's claims for lost profits and loss of goodwill. Prepared deposition questions for plaintiff's owner/president. Preparation of trial exhibits. Deposition and trial testimony.
Breach of Contract. Minority shareholder of large agricultural concern sued over corporation's default of $30 million it had loaned the company. Performed extensive discovery and review of company financial records and other documents in the matter. Prepared deposition questions for Chief Executive Officer, Chief Financial Officer, Controller, and representatives of corporation's outside auditors. Direct trial testimony presented in written declaration form. Cross examination in court at time of trial.