Complex Economic Damages

Hemming Morse partners and professionals possess expertise in accounting, finance, economics, and business and asset valuation. Along with this expertise, our professionals are experienced and skilled in developing and analyzing sophisticated damage models in complex business disputes and providing credible expert testimony at deposition and trial.

Our partners and testifying experts utilize a hands-on approach to ensure clients receive a credible, quality work product in the highly responsive manner necessary in complex disputes.

Representative Matters

Royalty Dispute

A developer of wireless technologies retained Hemming Morse to test royalties owed by a computer manufacturer for an arbitrated dispute. Hemming Morse examined the process in which royalties were calculated and verified amounts paid under the license agreement. Hemming Morse issued written reports outlining royalty amounts due to the claimant and provided testimony at the arbitration.

Breach of Contract/Employment Dispute

The president of a division of a large title insurance company retained Hemming Morse in connection with his suit against the company for breach of contract alleging, among other things, that the company had breached his employment contracts by not providing him the stock grants and stock option awards he was entitled. The Hemming Morse team developed numerous financial models quantifying the damages to the plaintiff, including quantifying the value of the stock grants and stock option awards, and provided testimony at the trial. The jury awarded monetary damages in excess of $13 million (plus fees) to the plaintiff.

Unfair Business Practice

The plaintiff claimed more than $4 billion in damages as a result of unfair business practices in connection with certain computer technology and related business activities. Hemming Morse was engaged by the defense and through its research and analysis was able to demonstrate with expert testimony and related graphics that there were no damages caused to the plaintiff by the defendants’ actions.

Copyright Dispute

A Hemming Morse expert was retained by counsel to a clothing and sportswear company to analyze economic, financial, and damages issues related to transactions between the company and a rock ‘n’ roll photographer. These transactions covered signed image prints of legendary rock performers that later became disputed by the heir to the rock ‘n’ roll photographer’s estate after his unexpected death. The expert analyzed industry information and the business records and quantified the value of the use of the copyrights under the plaintiff’s claims.

Unfair Business Practice

The California Office of the Attorney General engaged Hemming Morse in an unfair business practices claim against a for-profit college based on the college’s inflated published employment rates. Hemming Morse prepared an analysis of graduate employment placement data, calculated damages, and provided a written report of its findings. A default judgment was entered against the college for $1.2 billion.

Antitrust Claims

Hemming Morse was retained by counsel on behalf of a semiconductor developer to assess damages caused by a competitor’s anticompetitive behavior. Hemming Morse assessed and calculated lost profits associated with the delay in plaintiff’s development and sale of its products due to the alleged behavior. The matter settled prior to trial.