Endless River Technologies LLC v. TransUnion LLC
Analysis Group was retained by Kirkland & Ellis on behalf of TransUnion, the defendant in a trade secret and breach of contract litigation brought by Endless River Technologies. TransUnion and Endless River entered into an agreement for the development and commercialization of “Quote Exchange,” an online insurance marketplace software program. Endless River alleged that TransUnion terminated the agreement prior to developing Quote Exchange and refused to return confidential materials, including source code and customer and pricing information in a timely manner after terminating the contract. Endless River claimed that a clause in the agreement stated that repayment of development costs should be based on future earnings from the software, and that any damages resulting from a breach should be directly related to lost profits.
An Analysis Group team led by Managing Principal Andrew Wong and Vice Presidents John Drum and Andrew Ungerer supported academic affiliate David Denis, who rebutted the opposing expert’s damage claim and testified at trial that the damages allegedly suffered by Endless River were likely $0.
A judge in the US District Court for the Northern District of Ohio agreed with Professor Denis’s assessment and ruled that $0 in damages should be awarded.