Implementation of Economic Damages Model to Calculate Breaches of Employment
Rachlin prepared a regression-analysis-based economic damage model to calculate loss of
income incurred by a computer software company resulting from breaches of employment contracts and non-compete agreements by former employees.
Mortgage Warehouse Loan Advances Tracking
Our economic damage team developed a database management application to track funding, shipping, sale and repayment of mortgage warehouse loan advances and related collateral security. We further developed an expert report of damages in connection with litigation resulting from a fidelity bond company’s denial of claim relating to collateral sold out of trust.
Economic Damage Calculations for Ex-Employees Denied Compensation
Our team of professionals prepared economic damage calculations for each of several partners who left a major consulting firm and were denied payments relating to salary, profit-sharing, capital distributions, and unbilled time and uncollected receivables. We analyzed and critiqued damage calculations prepared by the opposing expert relative to lost profits alleged to have been incurred by the consulting firm.
Review of Operations and Financial Structure of Major Florida Condominium Developer
Directed a team of real estate, audit, finance, tax and technology professionals to critically review the operations and financial structure of a major Florida condominium developer. Rachlin’s recommendations resulted in the developer streamlining its accounting procedures, updating information systems, improving investor communications, creating a more tax-efficient structure and establishing human resource and loan compliance departments.
Advisory on Increasing Franchise Value of South Florida General Contractor
RProvided consulting services to a South Florida general contractor on increasing the operational efficiency to his accounting and contact management systems and policies and procedures to better position his company for increased growth, all in the interest of increasing franchise value to position the company for sale in three to five years.
Critique Damage Theory from Breach and Termination of Exclusive Distribution Agreement
A manufacturer of a specialty product was found to be liable to a distributor for the breach and termination of an exclusive distribution agreement. Rachlin was engaged by the manufacturer’s counsel to review the opposing expert’s report and critique the damage theory and methodology used to calculate damages. Numerous flaws, inconsistencies and errors in the opposing expert’s report were found, which were communicated to counsel who then used such information to effectively impugn the opposing expert’s damage calculations during cross-examination. In addition, we prepared a competent report calculating damages consistent with the findings of the arbitrators, the agreement between the parties, and existing circumstances affecting the parties’ performance under the agreement. We provided valuable testimony before an arbitration panel over a two-day period. The final award of damages to the distributor was in an amount that was less than 10% of what the opposing expert had calculated.
Damage Model Developed to Review Cost Overruns
Rachlin was retained by counsel for a large contractor that specializes in both interior and exterior building finishes in connection with claims asserted against a major national general contractor. The claims related to cost overruns caused by deficient preparatory leveling and surfacing work performed by the general contractor. We developed a damage model relating to the cost overruns and quantified amounts relating to additional framing, drywall finishing, scaffolding and corrective leveling.
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