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Commercial Economic Damage Analysis

Whether you are a plaintiff or a defendant, the issue of damages is usually a critical component of the decision of whether to litigate or to settle. A claim for damages that is based on sound economic analysis and well supported by financial data and information significantly enhances a plaintiff's position. On the other hand, a speculative claim that is not based upon a thorough analysis of the available financial data and information will strengthen the defendant's case. Analyzing damages stemming from commercial disputes is an area in which McGovern & Greene excels.

McGovern & Greene's CPA's and consultants have the technical expertise and experience to analyze complex situations, assist with discovery, and render effective independent professional opinions. Our professionals are certified in financial forensics and have significant experience analyzing damages pertaining to business devastation, contract breaches, torts, construction disputes, and intellectual property infringement. James L. McGovern has testified as an expert on such matters on numerous occasions in both state and federal court.

Representative engagements include:

• M&G served as a consultant and expert witness on damages for a large medical device manufacturer in a breach of contract case brought by a supplier. M&G analyzed claimant's $40 Million claim for lost profits and James L. McGovern testified at arbitration. Arbitrators' issued ruling in favor of device manufacturer, awarding damages totaling less than 2% of the claimed amount.

• M&G has served as a consultant to a billion dollar environmental building controls and security systems contractor on numerous major construction disputes. M&G regularly assists with analysis of contract disputes, preparation of damage claims, and negotiations of settlements.

• M&G served as a consultant and expert witness for plaintiff auto parts manufacturer in a trademark and trade dress infringement case. M&G prepared an analysis of plaintiff's lost profits, price erosion, and cost of corrective actions. M&G also prepared an accounting of defendant's sales and incremental profits. Case settled.

• M&G served as a consultant and expert witness for plaintiff in patent infringement case involving patent for handling waste water slurries. M&G prepared a lost profits and reasonable royalty analysis and James L. McGovern provided expert testimony. Jury verdict in favor of plaintiff for @ $1.2 million.

• M&G served as a consultant and expert witness for an international disaster recovery company, defending against an alleged breach of contract claim. Services include analysis of plaintiff's claims for under payment and lost profits. Case settled

• M&G served as a consultant and expert witness for plaintiff landlord seeking damages from a tenant for lost rental income. M&G calculated present value of lost income net of mitigation and James L. Mcgovern testified at trial. Verdict in favor of plaintiff.

• M& G served as a consultant to national retail chain on licensee contract violation case. Investigation of licensee underpayment of royalties, resulted in $1+ million settlement and significant compliance changes.

• M&G served as a consultant to an insurance company defending against a hospital's claim for business devastation and cleanup costs resulting from a toxic substance spill. M&G's analysis of the business devastation claim led to the hospital dropping the business devastation portion of its claim.


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