Domestic Disputes

Our experience in domestic disputes includes: breach of contract, negligence, antitrust, bankruptcy, breach of fiduciary duties, fraud, wrongful termination, and tortious interference, among other types of cases. These matters tend to be very large financial claims that are fact intensive, requiring the study of the conduct of the parties over some period of time. Often, these cases require significant financial and accounting analysis to help determine the impact of the bad act and identify links to causation. In addition, we are often called upon to analyze financial and quantitative issues that impact liability. Typical measures of damages have included lost profits, incremental costs, and valuation. We have provided testimony in the following domestic disputes:

  • Prostar Wireless Group, LLC v. Domino’s Pizza, Inc, and Does 1-100; Breach of Contract, Tortious Interference, Breach of Fiduciary Duty, Interference with Economic Relations and Misappropriation of Trade Secrets; U.S. District Court for the Northern District of California, Case No. 3:16-cv-05399-WHO. Filed an expert report on damages in September 2018. Dispute involving the development of software for food delivery. (Engaged by defendant)
  •  Accident Insurance Company, Inc. v. U.S. Bank National Association; Breach of
    Contract, Negligence and Misrepresentation, U.S. District Court, South Carolina, Case No. 3:16-cv-2621-JMC. Filed an expert report on damages in July 2018. Dispute involving the failure of a reinsurance company and collateral held in a bank trust account. (Engaged by defendant)
  • Whirlpool Corp. v. Drinker Biddle & Reath LLP, et al.Malpractice, Circuit Court of Cook County, Illinois Case No. 2015-L-007631. Testified in deposition in June 2018. Filed an expert report on damages in May 2018 involving lost profits and excess cost claims related to import duties involving parts for household appliances. (Engaged by defendants)
  • Bull Communications, Inc. v. PaeTec Communications, Inc.; Breach of Contract, Supreme Court of the State of New York, County of Monroe, Index No. 2010-7108. Provided deposition testimony in May 2018. Filed expert reports on alleged economic losses suffered by plaintiff in January 2018 and March 2018. Economic losses include lost commission payments. (Engaged by plaintiff)
  • Profit Investment Management, LLC and Eugene R. Profit v. Michelle Profit, Dr. Joseph Quash, and Dr. Thomas Pinder; Negligence; Montgomery County Circuit Court, Maryland, Case No. 430677-V. Filed an expert report on damages in December 2017. Dispute involving an asset management business. (Engaged by plaintiffs)
  • DecisionQ Corporation and DecisionQ Information Operations, Inc v. GIGM Technologies, LLC, Benjamin West, and Stephanie West; Trade Secrets; U.S. District Court Eastern District of Virginia, Alexandria Division Case No. 1:17-cv-00232; Filed expert report in July 2017; Dispute related to misappropriation of trade secrets. (Engaged by plaintiffs)
  • Companion Property and Casualty Insurance Company (n/k/a Sussex Insurance Company) v. U.S. Bank National Association / U.S. Bank National Association as 3rd party plaintiff v. 3rd party defendants Redwood Reinsurance SPC, LTD., Southport Lane Advisors, Southport Specialty Finance, Administrative Agency Services and Alexander Chatfield BurnsBreach of Contract; S. District Court of South Carolina Columbia Division, Case No. 3:15-cv-1300 JMC. Filed expert reports in April and March 2017. Dispute involving the failure of two reinsurance companies and collateral held in bank trust accounts. (Engaged by defendant)
  • Franklin Raines v. Federal National Mortgage Association, et al.Breach of Contract; Arbitration. Testified in Washington DC in February 2017. Filed expert reports in February 2017 and April 2016. Dispute involving the pension benefits due upon plan termination. (Engaged by Claimant)
  • Jeremy M. Joseph v. VentureForth LLC, VentureForth Holdings LLC, Nicholas K. Vita, Michael J. Abbott, Apelles VentureForth SPE, LLC, and Sean Gabriel; Shareholder Dispute; AAA Case No. 16 20 1300 0642; Filed expert report in July 2015; Dispute related to damages from equity dilution. (Engaged by Claimant)
  • Synergics Energy Service, LLC v. Algonquin Power Fund (America), Inc.; Breach of Contract; U.S. District Court of Maryland, Case No. 1:13-cv-2257. Filed an expert report on damages in October 2014. Dispute involving the sale of power generation assets. (Engaged by plaintiff)
  • Aetna Life Insurance Company v. Inovalon, Inc. Breach of Contract; American Arbitration Association, Case No. 12 193 Y176 13. Filed an expert report on damages in May 2014. Dispute involving advanced data analytics in the health insurance industry. (Engaged by Respondent)
  • Orbital Sciences Corporation v. United Launch Alliance, LLC and RD Amross, LLC; Antitrust; U.S. District Court for the Eastern District of Virginia, Case No. 1:13-CV-00753 LMB/JFA. Testified in deposition in March 2014. Filed an expert report on damages in February 2014. Dispute involving the availability of rocket engines for space launch vehicles in the United States. (Engaged by plaintiff)
  • Spanski Enterprises, Inc. v. Telewizja Polska S.A.; Breach of Contract; U.S. District Court for the Southern District of New York, Case No. CV 10 CV 4933. Testified in bench trial in July 2013 and in deposition in June 2012. Filed expert reports on damages in April and May 2012. Dispute involving distribution rights for Polish television content for broadcast and Internet distribution in the Americas. (Engaged by defendant)
  • Securities Investor Protection Corporation v. Bernard L. Madoff Investment Securities LLCBankruptcy; U.S. Bankruptcy Court Southern District of New York, Case No. 08-1789(BRL). Filed an expert report in April 2013 relating to the claim valuation methodology and accounting for the time value of money. (Engaged by certain customer defendants)
  • Oral Cancer Prevention International, Inc. v. OraPharma. Inc., Johnson & Johnson, and Johnson & Johnson Consumer Companies, Inc.; Breach of Contract; American Arbitration Association, Case No. 13 122 Y 01477 12. Testified in a hearing in New York in February 2013. Filed an expert report on damages in December 2012. Dispute involving the sales of an oral cancer detection product. (Engaged by Claimant)
  • John DeGroote Services, LLC, et al. v. F. Edwin Harbach, et al.; Breach of Fiduciary Duties; Circuit Court Fairfax, Virginia, Civil Action No. 2011-10612. Filed an expert report on damages in January 2013. Dispute involving claims against a former officer and the directors of BearingPoint related to events preceding bankruptcy. (Engaged by defendant)
  • John Garamendi v. Altus Finance S.A., et al; Fraud; U.S. District Court for the Central District of California, Case No. CV-99-02829 (CWx). Testified in jury trial in October 2012 and deposition in August 2009. Filed an expert report on damages in April 2009 involving the insolvency of Executive Life Insurance Company and the fraud involving the French government. (Engaged by plaintiff)
  • BDO Seidman LLP v. Morgan Lewis & Bockius LLPProfessional Negligence, Legal Malpractice, Breach of Fiduciary Duty, Fraud, Breach of Contract; Superior Court for the District of Columbia. Filed an affidavit in April 2012 and testified in deposition in November 2011. Filed expert reports on damages in January 2012 and October 2011. Dispute involving legal advice to the accounting firm in general and their tax products business. Matter dismissed on summary judgment. (Engaged by plaintiff)
  • PSM Holding Corp v. National Farm Financial Corporation, et al.; Breach of Contract, Fraud; U.S. District Court for the Central District of California, Case No. CV 05-8891 MMM (FMOx). Testified in deposition and filed an expert report as the court appointed expert on valuation in March 2012. Dispute involving claims for restitution relating to an insurance company that was improperly transferred and later returned to the original owner. (Engaged as court appointed expert)
  • Petrus W. Roelvink, Ph.D v. Medimmune, LLCWrongful Termination; Filed an expert report on damages in February 2011 involving lost back pay and future lost compensation. Matter settled before the hearing. (Engaged by Respondent)
  • Fifth Third Bank v. Transamerica Life Insurance Company and Clark Consulting, Inc.; Breach of Contract, Breach of Fiduciary Duty, Professional Negligence, Fraud, Negligent Misrepresentation and Insurance Bad Faith; U.S. District Court Southern District of Ohio Western Division. Testified in deposition in January 2010. Filed an expert report on damages in November 2009. Dispute involving the performance of investments supporting Bank Owned Life Insurance. Matter settled before trial. (Engaged by defendants)
  • British Sky Broadcasting Limited and Sky Subscriber Services Limited v. Electronic Data Systems Limited and Electronic Data Systems Corporation; Breach of Contract; Testified in the High Court of Justice, Queen’s Bench Division – Technology and Construction Court (England & Wales) in July 2008 as damages expert and filed a joint memorandum of the experts following the judgment in February 2010. Filed a number of expert reports with respect to costs and lost benefits from August 2007 through June 2008 on breach of contract and negligent misrepresentation claims relating to a customer relationship management system. Matter settled following award. (Engaged by defendants)
  • Invensys Building Systems, Inc., et al. v. Aztec Energy Partners, Inc. et al.Tortious Interference; Federal District Court for the Northern District of Georgia 1:03-CV-1727 (BBM). Filed an expert report in February 2004 on lost profit damages and valuation of the loss of enterprise value relating to the departure of key employees and their actions in an energy controls business. (Engaged by plaintiff)
  • Eplus, Inc. v. Centura BankBreach of Contract; AAA Case No. 16 Y 168 00417 01. Filed an expert report on damages in January 2002. Testified in deposition in June 2002. Matter involving a post-acquisition dispute relating to an equipment leasing company. Matter settled. (Engaged by plaintiff)
  • DCV Holdings, Inc. v. ConAgra, Inc. and DuPont, et al.Breach of Contract and Antitrust; Delaware Superior Court Case No. 98C-06-301-JEB. Testified in deposition in November 2001. Filed an expert report in October 2001. Matter involving a post purchase dispute involving alleged breach of warranties. (Engaged by defendants)
  • MCI WorldCom Communications, Inc. v. Electronic Data Systems Corporation, et al.Breach of Contract; AAA, Arbitration No. 13-Y-180-00223-01. Filed an expert report in July 2001 rebutting the opinions of an economist and accountant regarding issues of damages and liability in a case involving an outsourcing contract valued at over $6 billion. (Engaged by plaintiff)
  • Bernard B. Fulk III v. Washington Service Associates, et al.Breach of Contract; Delaware State Chancery Court Case No. 17747. Filed affidavit testimony in May 2001 providing findings and opinions regarding the application of Generally Accepted Accounting Principles as related to the potential dissolution of a business. (Engaged by defendants)
  • District of Columbia – City CouncilLegislative; Hearings on proposed legislation, the New Economy Transformation Act of 2000, July 2000. Testified on the potential fiscal impact to the District of Columbia resulting from the economic and tax incentives in the proposed legislation. The legislation as proposed became law. (Engaged by bill sponsors)
  • CSX Corporation v. Norfolk Southern CorporationBreach of Contract; Testified in September 1999. Dispute involving the appropriate treatment of the Philadelphia headquarters office lease under the transaction agreement related to the split of Conrail. Testimony involving the application of Generally Accepted Accounting Principles and the economics of the lease transaction. (Engaged by plaintiff)
  • Callaghan v. Gruner & JahrBreach of Contract; Testified in June 1999. Dispute involving the application of GAAP pertaining to computation of income and assets related to contractual compensation. (Engaged by plaintiff)
  • Richard Hines v. Win LaboratoriesBreach of Contract; Virginia State Court. Testified in deposition in February 1999. Dispute involving a claim for a bonus on the basis of lost profits related to the manufacture and sale of personal computers. (Engaged by defendant)
  • H.G. Smithy v. Cushman & WakefieldBreach of Contract; Arbitration, October 1998. Served as arbitrator. Dispute involving the calculation of the purchase price on the sale of a real estate management company portfolio including the appropriate revenue to consider and treatment of overhead expenses.
  • D’Andrea v. American Communications Services Inc.Breach of Contract; Anne Arundel County Court, Maryland. Testified in deposition in June 1998. Filed an expert report in May 1998. Matter involving an employment dispute with testimony on internal controls and the operations of accounting and finance departments. (Engaged by plaintiff)
  • Group Hospitalization and Medical Services, Inc., v. Policy Management Systems CorporationBreach of Contract; U.S. District Court, District of Columbia, Civil Action No. 97cv790. Testified on damages in deposition in May 1998. Filed an expert report in March 1998. Dispute involving royalty and commissions due under the contract. (Engaged by plaintiff)
  • The Rehabilitation of Mutual Benefit LifeInsolvency; New Jersey Chancery Court, Docket No. C-91-00109. Filed affidavit in January 1998. The affidavit testimony provided the methodology and calculations necessary to file a claim on behalf of the state life and health insurance guaranty associations for creditor claims arising prior to the rehabilitation of the company.
  • Liquidation of Coastal States LifeInsolvency; Fulton County (Georgia) Superior Court. Testified at trial in September 1996. Liquidation hearing relating to Coastal States Life Insurance Company. Testimony related to the financial condition of the company and the reinsurance transaction proposed to take care of the affected policyholders.
  • Emhart/Dynapert v. Universal Instruments; U.S. District Court, Albany, NY; Patent Infringement; Testified in deposition to lost profit damages in 1991. Filed an expert report in 1991. (Engaged by plaintiff)