Breach of Contract and Fiduciary Duty

Damages due to alleged breach of contract (including breaches of confidentiality, fiduciary duty, non-solicitation, non-compete, or non-disclosure) normally equal the difference between the plaintiff's actual financial condition and that would have prevailed had it obtained the "benefit of the bargain," which can reflect lost profits due to lost sales or price erosion, or enhanced costs.  In some circumstances (e.g., breach of an NDA), damages equal the defendant's unjust enrichment as a result of the breach (i.e., the difference between the defendant's actual financial condition and that which would have prevailed without the alleged breach).


Engaged to provide testimony and consulting for plaintiffs and defendants in exclusive dealing matters, including in the following industries.

construction equipment

construction materials

enterprise software


legal services

mortgage financing
oil royalties

software sales and royalties


ticket sales