To ensure that we meet these higher standards, we use a disciplined approach to assessing damages.  We begin by examining the facts and claims in a particular case.  We then identify the specific questions that need to be answered in order to determine the economic and financial effects of the conduct at issue.  Next, we gather and organize the information that will allow us to answer the relevant questions with confidence.  This information typically includes economic, financial, accounting, and operational data from case documents and depositions, proprietary databases, public sources, and interviews of key persons.  Finally, we identify and apply the appropriate analytical methods -- firmly grounded in business practice and academic research -- to develop sound opinions, well-supported by analysis and facts.

Bankruptcy/Insolvency Below-cost or Unconscionable Pricing Business Failure Analysis Business Interruption Business Torts Construction Claims Contract Disputes Cost Studies		Fraud Insurance Claims Lost Profits Analysis Product Liability Royalty Investigations Unfair Competition Valuation
ERS Group Commercial Damages experts also frequently analyze and provide expert testimony on damages issues arising in other practice areas.

Schwartz v. Visa International, MasterCard Counsel for defendant MasterCard retained ERS Group to evaluate plaintiff’s allegation that MasterCard’s foreign currency conversion rates were unconscionable. Following testimony at trial by ERS Group, the court found no violation of law based upon unconscionability.

Chamberlain v. Overhead ERS Group provided economic analysis of various aspects of the market for garage door openers and assessed lost profits and reasonable royalty claims arising from alleged infringement of patented code-generating technology.

Pan Asia Venture Capital v. San Francisco Chronicle, San Francisco Examiner An ERS Group expert was retained by defendants to analyze plaintiff’s claim of below-cost pricing and damages in a California newspaper matter.

Ericsson v. Qualcomm In connection with claims of unfair competition and interference with prospective business relationships, ERS Group expert analyzed damages arising from alleged efforts to delay certification, standardization, and commercialization of superior wireless telephony technology.

JMB Realty v. Cadillac Fairview ERS Group expert calculated profits lost by a real estate asset management firm arising from breach of a long-term contract for advisory services related to acquisition, development, management, and disposition of $6.0 billion of retail, office, and mixed-use properties in Canada and the U.S.

In Re JTS Corporation, Debtor; S.L. Decker, Trustee, v. R.W. Johnson ERS Group expert Kevin Kreitzman was retained by the trustee to analyze the solvency of JTS at the time of various transactions, and to estimate the value of forward priced and fixed priced convertible securities, credit guarantees, various contract provisions, and options.

Atmel v. Silicon Storage Technology Plaintiff retained ERS Group expert to analyze a database of more than 130,000 individual transactions, covering more than $1.0 billion in sales, to quantify price erosion due to marketing and sales of infringing products.

Nestle v. Hartog Counsel for the defendant retained an ERS Group expert to evaluate the claim of lost profits and increased cost from a major product recall related to apple juice adulteration.

ERS Group Examines Damages Claims Arising from Allegations of Discriminatory Pricing ERS Group critically evaluated claims for economic damages arising from a dispute concerning the wholesale prices paid by a reseller of cellular phone service. Plaintiff's economists constructed a simulation model to calculate the equilibrium retail prices, subscription levels, and lost profits that would have occurred under a "but for" scenario involving non-discriminatory wholesale prices. ERS Group expert evaluated the underlying assumptions of the simulation model and demonstrated that they were inconsistent with economic theory and produced implausible estimates of lost profits and unjust enrichment.

ERS Group Critiques Damages in Computer Software Industry For a matter in the computer software industry, ERS Group expert analyzed plaintiff's theory and magnitude of alleged damages. Plaintiff's experts estimated the present value of the cash flows (i.e., lost profit) the company would have generated "but for" defendant's alleged actions. Our rebuttal report demonstrated plaintiff's underlying assumptions were inconsistent with the company's own internal documents and market realities.

Aladdin Gaming v. Fluor Daniel; SMI Owen ERS Group experts were retained by counsel for the defendant to determine if the defendant's actions caused the failure of the project and the ensuing bankruptcy of Aladdin.

Intergraph v. Intel Plaintiff retained ERS Group expert to calculate lost profits, lost going concern value, and reliance damages arising from alleged fraud, suppression of material facts, breach of warranty, interference, and related business torts.

Symantec v. McAfee ERS Group expert performed a statistical analysis of sales, by region and by period, to assess if the defendant gained sales and profits through wrongful use of a competitor's customer list.