Damages
Robust damages analysis backed by rigorous economic thinking
Bates White delivers damages analysis and expert testimony for both plaintiffs and defendants in matters involving antitrust, product liability, fraud allegations, and other complex litigation matters. Our team performs rigorous data analysis using advanced empirical methods to deliver damages estimates that hold up under the highest levels of scrutiny.
Economic damages
Our experts have testified and consulted on claims involving harm arising from a wide range of conduct, including alleged breach of contract; deceptive pricing and promotion practices; anticompetitive conduct, including monopolization and conspiracy and non-compliance with government statutes and regulations; and product liability. We deliver robust analyses of damages, providing our clients with actionable insights and tools to inform litigation and settlement strategies. Our experts tailor their analyses to the needs of the case, avoiding “one-size-fits-all” approaches in favor of customized approaches based on the allegations and the available information. Our experience runs the gamut from multi-billion-dollar, company-defining cases to smaller cases that are equally mission critical for clients.
Intellectual property damages
In copyright, trademark, and trade secret misappropriation cases, we quantify the impact of alleged infringement by evaluating the competitive landscape and calculating price erosion, reasonable royalties, and lost profits. Leveraging our experience analyzing industry licensing practices, our experts offer valuation opinions and assist with licensing negotiations related to copyright matters.
Patent damages
Our clients frequently face intellectual property challenges throughout the lifecycle of their products. In the litigation context, our experts estimate reasonable royalties and damages, analyze the size of relevant markets, identify firms with potentially infringing products, and provide discovery support and expert testimony. In non-litigation settings, we offer a full range of services to assist in valuing patent portfolios, supporting licensing negotiations, and managing intellectual property risk.
