Our economic damages services play a critical role in the outcome of commercial and business disputes, bringing all components of a dispute together in a manner that attorneys, judges, and juries can easily comprehend. Both plaintiff and defendant experts apply critical analyses to all aspects of a case, from pre-litigation assessment, through discovery, to post-judgment analysis.
During economic damages valuation, Cendrowski Corporate Advisors assists litigation teams with critical details like:
- Discovery
- Proof of business facts
- Computation and critique of damages
- Development of case strategy
- Document management
Our multidisciplinary team comprises leading professionals nationally recognized in economic damages, valuation, enterprise risk management, tax matters, due diligence, forensic accounting, and fraud. Through this diverse expertise, we take a unique approach to the litigation process.
Cendrowski Corporate Advisors provides damages opinions and critique of damage calculations, including internal and external factors affecting the dispute, professional accounting standards, tax issues, and existing accounting practices.
Risk-based Economic Damages Services
Our risk-based economic damages services include the following matters:
- Intellectual property disputes including patents, trademarks and licenses
- Breach of contract
- Employment and personal injury
- Legal and accounting malpractice
- Shareholder and partner disputes
- Business torts
Our approach includes actual and consequential damages, compensatory damages (expectation damages and reliance damages), and restitution or disgorgement damages.
Client Success: Copyright Infringement Economic Damages Valuation
Cendrowski Corporate Advisors was engaged by an attorney and their client to prepare a formal damages calculation and report and testify in United States District Court with a calculation of damages rebutting the opposing expert’s analysis.
In this case, competitors in a retail segment accused each other of copyright infringement on similar designs sold by both companies. Our client alleged that the opposing party infringed on their copyrights for numerous products, profiting from those products. Our client claimed a right to damages due to these infringements.
We calculated damages attributable to lost profits and disgorgement with respect to the alleged infringement and lost profits with respect to a claim of tortious interference. We considered the market and industry conditions and both parties’ revenue and expenses in relation to the products, particularly the incremental, or variable, expenses and price per unit. Our analysis consisted of financial modeling coupled with our expertise in the retail markets and economic theory. We provided a comprehensive and well-reasoned damages report along with expert testimony.
The engagement was unique in that the retail segment was being disrupted through numerous avenues, including the switch from brick and mortar to online sales. Understanding market trends was a critical part of this analysis, not only for how customer shopping habits were evolving but also for the expenses that our client and the opposing party were incurring as a result. Understanding these expenses, how they affected the damages calculation, and how they affected the business models going forward was a critical component of the damages calculation and rebuttal testimony.
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