CRA’s Tiago Duarte-Silva was engaged in a treaty arbitration involving the valuation of alleged expropriated land, lost profits from planned coffee farm and real estate ventures, and environmental damages. To assess lost profits, Dr. Duarte-Silva reviewed projections and compared them to actual market conditions over time for the agribusiness industry. He also examined the value of biodiversity under two frameworks: one based on transactions for biodiversity credits and another reflecting non-use value based on willingness-to-pay studies. Dr. Duarte-Silva was supported by a CRA team comprising Michelle Sandoval Siman and Alene Hanson.
Earnouts in M&A: Risk allocation, incentives, and post-closing disputes
He examines a recent Delaware Supreme Court case between Johnson & Johnson and Auris Health, Inc., illustrating how courts would uphold the negotiated terms of...