Damages

Overview

Edgeworth offers litigation consulting and expert testimony in a variety of commercial disputes, offering objective, defensible opinions strongly rooted in economic theory, careful econometric and statistical modeling, and thorough, thoughtful, and rigorous analyses.

Edgeworth has experience in a variety of types of commercial disputes, including:

  • False advertising
  • Breach of contract
  • Theft of trade secrets
  • Labor and employment disputes
  • Intellectual property infringement or misappropriation
  • Unfair competition
  • Antitrust claims

Our approach to commercial damages is based on an assessment of the difference between companies’ actual performance and their counterfactual performance “but-for” the alleged harmful act. Our experts develop an objective “but-for” scenario designed to withstand courtroom scrutiny, based on an understanding of the markets in which the litigating parties operate, real-world data, and application of relevant economic theory.

Case Experience

Insights & News

Publications

  • Published Article, Bloomberg Law | 09.11.2020

    In this Bloomberg Law article, Edgeworth Partner Dr. George Korenko and Mary Gately, Partner at DLA Piper, discuss from a legal and economic perspective the issue of breach of contract damages arising during the COVID-19 pandemic.

  • Published Article, Law360 | 08.28.2020

    In this Law360 article, Edgeworth Partners Dr. George Korenko and Matthew Milner provide a primer on the economics of class certification and discuss the application of economics to price gouging class actions.

  • Published Article, Law360 | 08.07.2020

    In this article Dr. David Colino discusses a framework for economic analysis in COVID-19 business interruption insurance lawsuits that can help courts both estimate the relevant damages at issue and consider the appropriateness of plaintiffs’ claims for collection action.

  • Published Article, Law360 | 07.21.2020

    In this article, published in Law360, Edgeworth Partner Dr. George Korenko and Principal Consultant Dr. Tram Nguyen discuss three key issues cited in the Court of Appeals opinion and their implications for the economic analysis of predominance in the Lamictal case and in other pay-for-delay litigations.

  • Law360 | 06.28.2011

    Edgeworth experts examine decisions made by the Court of Appeals for the Federal Circuit (CAFC), and review the court’s directives and standards as they apply to calculating royalty damages.

Speaking Engagements

News

Practice Contacts

Experts

Jury Awards Damages for Edgeworth Client in Patent Infringement Suit

An Edgeworth Economics client, Royal DSM, a Netherlands-based biotechnology firm, was awarded damages in a patent infringement matter before the United States District Court for the Western District of Wisconsin.

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