Prior to Bates White, Glenn George served as an expert witness on behalf of defense in Consolidated Edison Company of New York, Inc. v. United States, in the U.S. Court of Federal Claims (COFC 04-0033C). The case involved one of the largest damage claims against the U.S. government, involving Indian Point power plant. Addressed both liability for and quantum of damages. The quantum calculation involved estimating the diminution in enterprise value as a result of the U.S. government’s alleged breach of a contract. At issue was (in an elaborate but-for scenario) the potentially higher cost of capital (and concomitant decrease in asset value) as a result of a perceived increase in regulatory risk and the possibility of government intervention in a politically charged situation. The court denied the claim in toto, citing Dr. George’s testimony 17 times in the final decision.
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