Secretariat is proud to welcome Manus Bradley and Conrad Bromley as the newest Managing Directors in the firm’s Dubai office. Together, they add significant depth to our already impressive construction team in the region, and for the first time, expand our services to include quantum capabilities.
Climate change is an existential threat to the planet. Increasingly, litigation and arbitration are being pursued as a means of forcing governments and companies to take responsibility for their actions and impacts on climate change. In this article, Secretariat Managing Director Andrew Maclay takes a look at some prominent cases in climate change litigation and arbitration and discusses their implications for the quantifications of damages.
Secretariat is proud to announce it has earned the second-place ranking in Global Arbitration Review’s prestigious GAR 100 Expert Witness Firms’ Power Index. According to Managing Director Don Harvey, “GAR’s Expert Witness Power Index is the definitive global ranking of expert firms across the international arbitration industry. Having the Secretariat name included in this class is an honor in its own right.” Mr. Harvey added “This achievement validates the hard work, commitment and sterling reputation our people are dedicated to earning every day and shows how we make ‘Experience Above All’ come to life.”
A full copy of the press release is available by clicking the link below
https://lnkd.in/dhGfnvg
A full copy of the rankings is available on the GAR website
https://lnkd.in/drzJY8n
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COVID-19’s impact on construction projects is immense in numerous ways, but we are only starting to learn what the long-term consequences will be. While some projects came to an abrupt halt, some continued, but with significant delays. Presented as part of Global Arbitration Review Live Construction Disputes at Paris Arbitration Week, Secretariat Managing Director Don Harvey will join an esteemed panel to discuss the effects COVID-19 is having on construction project progress and how delays can be viewed for the purposes of claiming extension of time.
Experts play a crucial role in construction disputes, but the intricacies involved in their role are not always understood by all in involved in a matter. On Wednesday 8 July at 2pm (BST), Secretariat Managing Director and expert George Taft will join a cast of leading speakers from construction and law for a discussion of the role of the expert witness. Presented as part of Limeslade’s Construction Cast series, the discussion will address a number of topics, including:
– Why should people use an expert witness in the resolution of a dispute?
– How can you find the right expert for your dispute?
– How should an expert prepare for cross examination?
– What are common mistakes experts make and how can they be avoided?
Learn more and register: https://bit.ly/2ZmqIHP
We are delighted to serve as the Platinum Sponsor of this year’s 10th Annual Global Arbitration Review Awards Ceremony – going virtual on 9 July as part of Paris Arbitration Week. Every year the event brings together the brightest talent in arbitration. We are excited to be a part of this esteemed community and wish everyone involved the very best of luck. We also applaud GAR’s charitable endeavors as proceeds from the awards support the Swawou School for Girls in Sierra Leone. Learn more about the event at: https://gar.live/awards2020
The Holding Foreign Companies Accountable Act, the bill aimed at addressing a perceived double standard for US-listed Chinese companies that deny access for PCAOB auditor inspections, has passed the US Senate and is awaiting a vote in the US House of Representatives. If the bill becomes law, it may spur US-listed Chinese companies to go private. The going private ramifications for valuations and potential claims made in courts will be important developments to watch, as this article from Secretariat’s Paul Marcus, Eddie Tobis and Brendan Porter (with help from Howard Rosen, Sangjoon Lee and Gigi D’Souza) describes.
Intensity President named in the Patent 1000 for seventh consecutive year, and two Vice Presidents receive their first award
Intensity joined Secretariat on February 1, 2023.
Three Intensity economic experts have been named in the “Patent 1000.” Dr. Ryan Sullivan was recognized for the seventh straight year, along with Dr. Richard Brady and Aminta Raffalovich, J.D./M.S., as top U.S. economic experts in the 2020 edition of Intellectual Asset Management’s IAM Patent 1000: The World’s Leading Patent Practitioners 2020.
According to the IAM, “Ryan is an excellent patent damages expert–he truly gets to grips with the issues he is addressing and understands them in their litigation context perfectly; then he delivers accurate and fully defensible analyses that are jargon-free and understandable to everyone in the courtroom.” Further, “He provides the clearest answers and never has to be evasive or inconsistent.”
New this year are awards for rising stars Richard Brady and Aminta Raffalovich. Dr. Brady was recognized for his work on numerous complex, high-stakes litigation matters involving intellectual property and contract disputes, with an emphasis on life sciences, biotechnology, and consumer technology. The IAM stated “Brady takes the lead on a lot of the group’s life sciences matters and impresses with his creativity; alongside Sullivan, he has recently been evaluating damages for a portfolio of patents relating to microfluidic technology.” Similarly, Ms. Raffalovich was acknowledged for her expertise in the application of economics, statistical methods, and legal theory to complex commercial litigation and disputes. The IAM published “Sought out by elite law firms, Raffalovich instills confidence in clients thanks to her independence of thought, sophistication of skill and rapidity of reply.”
The IAM Patent 1000 identifies the leading technical and economic experts from around the world. According to Nicholas Richardson, research editor on the IAM Patent 1000, “In the world of commerce, patents have become pivotal in driving corporate value and profitability. When it comes to obtaining, enforcing and monetising these vital commodities, private practice lawyers and patent attorneys play an essential role; selecting the right specialist is of paramount importance.” Further, “The IAM Patent 1000 delivers the most in-depth coverage of the market yet undertaken, pinpointing the best of the best in prosecution, litigation and licensing.”
About the IAM Patent 1000
The IAM Patent 1000 is a standalone publication that identifies individual and firm expertise in all major areas of patent law and practice. Through an extensive research process conducted by a team of highly qualified, full-time analysts, the publication identifies the top patent practitioners, as well as leading patent law and attorney firms, in 48 of the world’s most important jurisdictions and 18 US states.
Intensity joined Secretariat on February 1, 2023.
Intensity provided an economic analysis of damages for contract claims involving farming software and services, including claims for breach of contract, breach of fiduciary duty, and breach of the implied covenant of good faith and fair dealing. Intensity’s analysis included a determination of the value of past and future payments specified in the agreement as of the time of the alleged breach.
Intensity was engaged on behalf of an innovation company that had entered into an agreement with a global agricultural company to develop technology that helps farmers improve profitability and increase efficiency. The innovation company alleged that the global agricultural company breached its contractual obligations by refusing to make any funding or royalty payments. Intensity calculated unpaid funding payments, unpaid past royalties for use of the technology, and estimated future royalties for continuing use of the technology. To estimate future royalties, Intensity analyzed various financial forecasts created by the global agricultural company and extrapolated the forecasts using a growth rate analysis. Intensity determined the value of future royalties at the time of the alleged breach using a discounted cash flow analysis, which included an evaluation of an appropriate discount rate that accounts for the risks and uncertainties of the future cash flows.
Intensity provided expert reports and a witness statement. Intensity’s client secured a settlement the evening before Intensity was expected to provide testimony at the arbitration.
Intensity joined Secretariat on February 1, 2023.
Intensity provided economic analysis pertaining to whether an alleged trade secret has independent economic value. The alleged trade secret relates to a particular strain of the Clostridium botulinum bacterium, whose neurotoxin has applications in medical and cosmetic treatments for certain conditions.
Intensity performed its analysis on behalf of a company that provides medical products for use in aesthetic indications. The company was accused of unlawful importation of certain products claimed to use the alleged bacterial strain trade secret. Intensity researched the history of commercial organizations having access to the type of strain asserted and the barriers to entry for potential entrants into the botulinum neurotoxin marketplace as they relate to acquisition of a commercially viable neurotoxin supply. As part of a market approach, Intensity’s research informed its economic analysis, which included a thorough evaluation of the botulinum neurotoxin marketplace to assess the commercial availability of the particular type of strain claimed to be a trade secret, the availability of alternative bacterial strains suitable for commercialization, and the supply of botulinum neurotoxin by commercial laboratories. In addition, Intensity evaluated the extent to which economic evidence supported value attributable to genetic differences between the asserted bacterial strain and publicly known and/or commercially available strains.
Intensity’s analysis was presented at an International Trade Commission evidentiary hearing.
It goes without saying that our people are what make Secretariat truly unique, but it shines through particularly brightly when you see the distinction our people continue to earn. We applaud our leaders who are recognized in Who’s Who Legal’s Construction 2020 – Expert Witnesses: Don Harvey, Ted Scott, Meera Wagman, Michael Kling, P.E., J.D., Liam Holder, Mike Allen, George Taft, Mike Saulsbury, Amit Garg, Paul Roberts and Brian Bowie.
