In broad terms, commercial litigation arises under commercial laws that govern the rights, duties, relationships, and conduct of businesses as they interact with one another in trade and commerce. These matters arise when one business files a complaint alleging that another business has engaged in wrongful conduct under various state and/or Federal statutes and that such wrongful conduct has resulted in harm to the plaintiff’s business. The alleged wrongful conduct may pertain to the following causes of action, among others:
- Unfair business competition;
- Misappropriation of trade secrets;
- Business interference/interruption;
- Breach of contract;
- Lender liability;
- Professional liability;
- Product liability;
- False and misleading advertising;
- Interference with contractual relations; and
- Interference with prospective business advantage.
Contractual disputes, also under the broader area of commercial litigation, arise when one party alleges that another party has breached one or more terms of an executed contract between the parties. Such contracts may pertain to any aspect of the operations of a business - for example: the supply of finished products, component products, or services; the sale, marketing, and/or distribution of products; licensing arrangements, etc. In addition, franchise disputes arise from specific contractual agreements between a franchiser and franchisee. The services of BTZ related to Franchise Disputes have been described under a separate page: Franchise Disputes
The complexity of the damages calculations in commercial and contractual disputes is dependent on the nature of the specific claims. Often, a plaintiff asserts a claim for past and/or future lost profits. In other matters, damage claims may involve a diminution in business value, unjust enrichment of the defendant, and/or additional costs incurred by the plaintiff, among other damage components. Over the many years of their careers, the professionals at BTZ have identified the appropriate categories of damages and have quantified damages in hundreds of commercial and contractual disputes. To do so, the professionals at BTZ utilize their years of experience in accounting, auditing, finance, business valuation, and litigation services, and their educations in economics, finance and accounting.
BTZ professionals may be engaged by counsel on behalf of the plaintiff or the defendant and may act as an expert consultant or an expert witness providing testimony at deposition and trial. BTZ professionals, also typically, offer rebuttal opinions regarding the opinions of the financial/economic experts designated by the opposing party. The financial calculations and expert testimony of BTZ professionals engaged in commercial and contractual disputes exemplify the depth of their experience in these matters, commitment to accuracy and timely responsive service, as well as their thorough knowledge of and extensive experience regarding:
- Understanding and analyzing financial information of businesses in a wide range of industries;
- Identifying damage categories pertaining to various claims of wrongdoing;
- Researching relevant industry data;
- Analyzing and quantifying past lost profits;
- Projecting future loss profits and discounting those projected amounts to present value;
- Evaluating the effects of mitigation;
- Valuing businesses in a wide range of industries;
- Analyzing diminution of business value due to wrongful actions;
- Identifying and analyzing additional out-of-pocket costs;
- Writing reports documenting financial opinions; and
- Testifying regarding financial/economic issues pertaining to damages in commercial and contractual disputes.
Professionals at BTZ have the insight, knowledge, and experience necessary to assimilate the various claims, sources of evidence, and components of damages in complex commercial and contractual disputes to formulate credible and cohesive opinions of damages that are supported by thorough, concise, and compelling written reports and/or deposition and trial testimony.
BTZ professionals who offer expert consulting and/or expert witness services regarding commercial and contractual disputes include:
- Brian P. Brinig, Principal;
- Robert A. Taylor, Principal;
- Paul A. Zimmer, Principal;
- Darlene D. Babcock, Director;
- Cheryl Kessler, Director; and
- Catherine (Kate) Kowalewski, Director.