June 2, 2020
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.
Secretariat Secures No. 1 Spot on Lexology Index’s Arbitration 2025 Report
We are proud to announce that Secretariat has earned the position of No. 1, top-ranked Consulting Expert Firm in the Lexology Index Arbitration 2025 report. The report features firms and experts who have distinguished themselves as industry leaders based on their independence, sharp testifying skills, clear communications, and meticulous analytical insights.
Eric Poer, CPA, a globally recognized securities, accounting, valuation, and regulatory enforcement expert, was retained by Orrick, Herrington, and Sutcliffe LLP to provide expert and summary witness testimony in defense of Apple Inc., CEO Timothy Cook, and CFO Luca Maestri in a high-stakes securities class action dispute.
Neil Gaudion provided an expert report and testimony on behalf of Five Star Resort Owner, LLC, in construction dispute litigation surrounding a $2 billion Ritz-Carlton Hotel development. The jury awarded $2 million, plus interest, an amount determined from Mr. Gaudion’s testimony.