Our Experience

Industries Petroleum Natural Gas Chemicals Electronics Pharmaceuticals, Medical Devices, & Biotech Retail/Consumer Goods Technology Transportation Local/State Government School Districts Other Industries

Functional Areas Antitrust & Competition Analysis of Damages Forensic Economics Intangibles/IP Labor Economics Regulatory Economics & Finance Transfer Pricing Taxation Valuation Fiscal Impact Analysis Demographic Analysis Public Policy Analysis

 

Analysis of Damages

IIC, Inc. analyzes potential damages arising from a variety of claims including antitrust, breach of contract, fraud, patent infringement, tort, and product liability. We present our economic analysis of the damage claim in a clear understandable manner, and defend our analyses using well-reasoned principles of economics, finance, and business behavior while also exposing the flaws in opposing opinions. Our work has been accepted by fact-finders in judicial fora and mediations as well as served as the basis for settlement negotiations.

Breach of Contract

For example, in a recent case involving an alleged breach of contract, IIC, Inc. provided an expert report criticizing the damage claims of the plaintiff’s expert relating to future lost profits arising from the claimed breach. We used well-grounded research and economic theory to demonstrate that many of the assumptions underlying the opposing expert’s analysis were unrealistic and unreliable and indeed contradicted by the facts. Our analysis demonstrated that the damages claim was significantly overstated, and our work served as the basis for a favorable settlement for our client.

Lost Profits — Marine Businesses

In a claim for damages arising out of a gasoline spill, IIC, Inc. analyzed the damages including lost profits and other claims proffered by a marina affected by the spill. We analyzed the out-of-pocket expenses, business interruption, and lost profits claims put forward by the plaintiff. Utilizing a detailed analysis of prior financial records of the marina, we were able to show that the spill had only a limited direct impact on the profitability of the marina, and we provided testimony in federal District Court that was ultimately accepted by the trier of fact.

In a case involving aquatic cultivation of oysters, IIC, Inc. was called upon to analyze the potential lost profits as a result of alleged damage caused to the oyster farm from a boat that became loose in high winds. This involved financial analysis of the oyster farm, its historical record of profits, and its expected profits over the next three harvests. We showed that, given the start-up nature of the business and high uncertainty regarding future profits, the lost profits were significantly lower than claimed by the plaintiff.

Class Action — Price Fixing Conspiracy

In several class action matters on behalf of plaintiffs’ counsel, we have demonstrated the feasibility of computing damages to the class arising from claims of a price-fixing conspiracy and alleged monopolization of certain markets. IIC, Inc. presented economic evidence showing that damages were common to the class and could be computed within a reasonable degree of certainty.