Economic Damages & Valuations

Breach of Contract

J.S. Held’s Inaugural Global Risk Report Examines Potential Business Risks & Opportunities in 2024

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We provide specialized expertise in forensic analysis, evaluation of complex contracts and business arrangements, and quantification of damages when an alleged breach of contract arises.

Our team closely examines issues related to contract disputes, analyzes documents and evidentiary material, and determines whether and to what extent any damages may be attributable to a breach of contract. We are proficient with complex data analysis to perform calculations involving large and disparate data sets. Our experts support counsel for plaintiffs and defendants in business, government, and intellectual property litigation, in addition to other disputes requiring determination of damages stemming from a contractual breach.

Our Services
  • “But-For” Analysis
  • Alter Ego Analysis / “Piercing the Corporate Veil”
  • Arbitration & Mediation
  • Business Continuity Analysis
  • Calculations of Loss & Unjust Enrichment
  • Delay & Disruption Damages
  • Determination of Marginal / Incremental Costs
  • Disgorgement
  • Expert Witness Testimony & Litigation Support
  • Forensic Accounting
  • Fraud Investigations
  • Industry & Market Research
  • Intellectual Property Valuations
  • Loss of Profits / Income Analysis
  • Neutral Evaluators
  • Non-Compete / Restrictive Covenant Assessments
  • Projections of Future Cash Flows / Discounted Cash Flow Models
  • Trade Secret Damages Determinations
Our Team Is Engaged in Matters Involving
  • Alleged Defective Specifications
  • Alter Ego Analysis
  • Business, Corporation & Partnership Disputes
  • Contract & Service Agreement Disputes
  • Damage Calculations
  • Duty to Cooperate Damages
  • Government Contracts Compliance & Disputes
  • Incremental Cost Damages Evaluations
  • Insurance & Reinsurance Disputes
  • Lost Profits
  • Non-Compete Breaches
  • Overhead / Indirect Cost Allocations
  • Post Purchase Price Disputes
  • Related Party Transactions
  • Spent Nuclear Fuel Contract Breaches
  • Total Cost Claim Assessments
  • Trade Secret Breaches
Determination of Damages

Our team of experts helps to determine damages suffered as a result of a breach of contract, including but not limited to:

  • Disgorgement
  • Increased Costs
  • Lost Profits
  • Lost Revenues
  • Overhead / Indirect Cost Allocation Impacts
  • Reliance Damages
  • Specific Performance Costs
  • Unjust Enrichment

Our team works with clients and their counsel to determine whether a loss of profits was solely due to a contract breach or whether other factors may have contributed to the damages. We ascertain the amount of loss that has already occurred, such as a direct loss of sales due to a breach, as well as any potential future losses, including losses due to a brand’s reputational damage or a loss of future business opportunities.

Our experts also identify and quantify the various types of overhead and indirect costs that can be impacted by a breach of contract. We work with clients to determine overhead expenses such as rent, office expenses, salaries, and other indirect costs to calculate total damages in breach of contract claims.

We have testified in many forums regarding breach of contract damages, including:

  • American Arbitration Association (AAA)
  • Armed Services Board of Contract Appeals
  • Civilian Board of Contract Appeals
  • Federal & State Courts
  • ICC International Court of Arbitration (ICC)
  • NASA Board of Contract Appeals
Breach of Contract - Intellectual Property

While an underlying claim may be for breach of contract, understanding intellectual property value is critical to the quantification of the resulting damages. We provide expertise on claims including breach of employment agreements, breach of software licenses, and breach of patent / license agreements which often include claims of trade secret theft, copyright infringement, and patent infringement.

Our experts are also engaged by clients regarding assertions of breach of contract / license by patent owners against commercialization partners. We examine these matters which generally involve a claim that the licensee failed to use reasonable efforts to meet forecasts or other milestones required by the contract. Our experts with Ocean Tomo, a part of J.S. Held, provide guidance on issues including the feasibility of the parties’ projections, appropriate discount rates, time period required to raise equity or debt financing, and the availability of mitigation efforts. We analyze public studies regarding the venture capital process, active investors, and the time required to raise funds for promising technology to provide appropriate reports to our clients and their counsel on claims of contractual breach.

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