Breach of Contract

Testimony Experience

Breach of contract cases tend to be fact intensive matters 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 level of compliance under the contract and identify links to causation. Typical measures of damages have included lost profits and incremental costs.

We have provided testimony in the following breach of contract cases.

  1. 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. Filed an expert report on damages in December 2012. Dispute involves distribution rights for an oral cancer detection product. (Engaged by claimant)
  2. Telecom Egypt Company v. Vodafone Egypt Telecommunications, Vodafone Group Plc, Vodafone Europe BV, Vodafone International Holdings BV; Breach of Contract; Cairo Regional Center for International Commercial Arbitration (CRCICA) arbitration suit number 650 of the year 2009. Filed expert reports on damages in October 2012, January 2011 and November 2011. Dispute involves an agreement between the fixed line operator and a wireless operator on matters of interconnect and other settlement charges. (Engaged by claimant; parties from Egypt)
  3. 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. Filed expert reports on damages in April and May 2012. Testified in deposition in June 2012. Dispute involves distribution rights for Polish television content for broadcast and Internet distribution in the Americas. (Engaged by defendant)
  4. BDO Seidman LLP v. Morgan Lewis & Bockius LLP; Professional 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 involves legal advice to the accounting firm in general and their tax products business. Dismissed on summary judgment. (Engaged by plaintiff)
  5. 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 involves claims for restitution relating to an insurance company that was improperly transferred and later returned to the original owner. (Engaged as court appointed expert)
  6. The Egyptian Company for Mobile Phone Services (Mobinil) v. Telecom Egypt Company; Breach of Contract; Cairo Regional Center for International Commercial Arbitration (CRCICA) arbitration suit number 644 of the year 2009. Filed expert reports on damages in January 2012 and December 2010. Dispute involves an agreement between the fixed line operator and a wireless operator on matters of interconnect and other settlement charges. (Engaged by respondent; parties from Egypt)
  7. Fluviomar International Limited v. and MMX Corumbá Mineracáo S.A. and MMX Metálicos Corumbá Ltda; Breach of Contract; Society of Maritime Arbitrators. Testified in New York in August 2010. Filed an expert report on damages in June 2010. Dispute involves a shipping contract for iron ore and pig iron. (Engaged by respondent; parties from Argentina and Brazil)
  8. Diners Club Ecuador S.A. v. Diners Club International Ltd; Breach of Contract; International Court of Arbitration, International Chamber of Commerce case number 15540/JRF. Testified in London in July 2010 as damages expert. Filed expert reports on damages in May 2010 and October 2009. Dispute involves the operation of payment card operations in Ecuador. (Engaged by respondent; parties from Ecuador and US)
  9. 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 in respect of 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 implementation. Matter settled following award. (Engaged by defendant)
  10. 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 on damages. Filed an expert report in November 2009. Dispute involved the performance of investments supporting Bank Owned Life Insurance. Matter settled before trial. (Engaged by defendants)
  11. Diners Club (Singapore) Pte. Ltd., Diners Club (NZ) Ltd., Diners Club (Malaysia) Sdn. Bhd. v. Diners Club International Ltd; Breach of Contract; International Court of Arbitration, International Chamber of Commerce case number 15339/JEM. Testified in London in December 2009 as damages expert. Filed expert reports in September and February 2009. Dispute involves the operation of payment card operations in Singapore, New Zealand and Malaysia. (Engaged by respondent; parties from Malaysia, New Zealand, Singapore and US)
  12. MMX Corumbá Mineracáo LTDA and MMX Trade & Shipping LLC v. Eregli Demir Ve Çelik Fabrikalari; Breach of Contract; International Court of Arbitration, International Chamber of Commerce case number 16056/VRO. Filed an expert report on damages in July 2009. Dispute involved a supply contract for iron ore involving parties from Brazil, Turkey and the US. Matter settled. (Engaged by claimant; parties from Brazil and Turkey)
  13. Nejapa Power Company, LLC v. Comisión Ejecutiva Hidroeléctrica Del Río Lempa; Breach of Contract; Testified in April 2009 in Washington as damages expert. Filed expert reports in March 2009 and October 2008 in an international arbitration conducted under the rules of the UN Commission on International Trade Law on dispute relating to a power purchase agreement in El Salvador. (Engaged by respondent; parties from US and El Salvador)
  14. FLAG Telecom Group Limited v. Videsh Sanchar Nigam Limited; Breach of Contract; International Court of Arbitration, International Chamber of Commerce case number 13 638/JNK/EBS. Testified in The Hague in November 2007 as damages expert. Filed expert reports in October and May 2007 on lost profits claim relating to international telecommunications and the Indian market. Claimant awarded damages in an amount presented by Hart. (Engaged by respondent; parties from UK and India)
  15. UEG Araucaria Ltda. v. Companhia Paranaense de Energia; Breach of Contract. Filed expert reports in May and December 2005 for the International Court of Arbitration on the losses sustained by a consortium of investors contracted to build a gas-fired thermal power plant in the Brazilian state of Parana. Matter settled. (Engaged by claimant; parties from US and Brazil)
  16. Ceskoslovenska Obchodni Banka (CSOB) v. The Slovak Republic; Breach of Contract; International Centre for Settlement of Investment Disputes case No. ARB/97/4. Testified as damaged expert in April 2003. Filed expert reports in August 2001 and November 1999. Dispute involved the moneys owed related to the obligations of the Slovak Republic relating to the debt of the foreign trade bank of the former Czechoslovakia. Award for claimant of $877 million. (Engaged by claimant; parties from Czech Republic and Slovak Republic)
  17. Eplus, Inc. v. Centura Bank; Breach of Contract; American Arbitration Association case number 16 Y 168 00417 01. Filed an expert report on damages in January 2002. Testified in deposition in June 2002. Matter involved a post-acquisition dispute relating to an equipment leasing company. Case settled. (Engaged by plaintiff)
  18. DCV Holdings, Inc. v. ConAgra, Inc. and DuPont et al.; Breach of Contract and Antitrust; Delaware Superior Court case No. 98C-06-301-JEB. Filed an expert report in October 2001 and testified in deposition in November 2001. Matter involved a post purchase dispute involving allegations of breach of warranties arising from antitrust and accounting issues. (Engaged by defendants)
  19. MCI WorldCom Communications, Inc. v. Electronic Data Systems Corporation, et al.; Breach of Contract; American Arbitration Association, 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)
  20. 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 defendant)
  21. CSX Corporation v. Norfolk Southern Corporation; Breach of Contract; American Arbitration Association. Testified in September 1999. Dispute involved the appropriate treatment of the Philadelphia headquarters office lease under the transaction agreement related to the split of Conrail. Testimony involved the application of Generally Accepted Accounting Principles and the economics of the lease transaction. (Engaged by plaintiff)
  22. Callaghan v. Gruner & Jahr: Breach of Contract; American Arbitration Association. Testified in June 1999. Dispute involved the application of Generally Accepted Accounting Principles pertaining to computation of income and assets related to contractual compensation. (Engaged by plaintiff)
  23. Richard Hines v. Win Laboratories: Breach of Contract; Virginia State Court. Testified in deposition in February 1999. Dispute involved a claim for a bonus on the basis of lost profits related to the manufacture and sale of personal computers. (Engaged by defendant)
  24. H.G. Smithy v. Cushman & Wakefield; Breach of Contract; Arbitration October 1998. Served as arbitrator; Dispute involved 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.
  25. 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 involved an employment dispute with expert testimony on internal controls and the operations of accounting and finance departments. (Engaged by plaintiff)
  26. Group Hospitalization and Medical Services, Inc., v. Policy Management Systems Corporation: Breach of Contract; US 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 involved royalty and commissions due under the contract. (Engaged by plaintiff)
  27. MCI Global Resources, Inc. And MCI International, Inc., V. Metro Position Sdn. Bhd.; Breach of Contract; International Chamber of Commerce, Court of Arbitration, Case No. 9134/CK. Testified in September 1997 in Paris. Filed an expert Report in May 1997. Dispute involved both lost profit and pecuniary loss claim. (Engaged by claimant; parties from US and Malaysia)