Breach of Contract
In breach of contract matters, we have provided analyses related to supply contracts, dealership or distributorship terminations, employment contracts, confidentiality agreements, joint venture agreements, and computer system development contracts.
Our analyses in breach of contract matters typically involve:
- gathering and organizing accounting and contract records
- determining ex ante expectations
- analyzing sales trends
- assessing profitability and preparing projections
- analyzing changing market conditions
We have worked on several high-profile matters related to failed transactions in which we have provided analyses of market conditions and industry dynamics as well as specific factors related to sales, supply contracts, joint agreements, and other contracts. We have also examined these issues in purchase and merger agreements related to material adverse effects.
In intellectual property matters, we have assisted clients in licensing disputes and terms-of-contract cases, including analyses of alleged failure to use “best efforts” to execute the terms of a contract and cases involving product launch delay and limited market penetration.
We have assessed economic, industry, and technology factors to determine the reasonableness of damages estimates, and have determined the extent of lost profits and lost royalties.