Expert damages opinion

Our expert issued a damages opinion in a case involving a company executive. The executive had claimed that he had been promised a 5% equity interest in a manufacturer and distributor of thermoplastic colorants that was sold twice during the course of five years. Our expert prepared an analysis of the hypothetical 5% ownership interest as it would have flowed through the terms of the two successive company transactions, netting the effect of applicable offsets, and applying prejudgment interest. This analysis followed the terms of the closing documents of the respective transactions as if the plaintiff had been a 5% equity owner, which contrasted with the plaintiff's simplistic approach of claiming 5% of the equity owners' net sale proceeds. We also presented a critique of the plaintiff's expert's calculation of a claim for the plaintiff's "lost investment opportunity." The case settled after submission of our expert report and prior to deposition or trial testimony.