Dan McGavock testified on damages and valuation issues in a complex arbitration to resolve claims and counterclaims related to a technology collaboration between a software company and a major, multi-unit restaurant chain to develop and support an online ordering system. Mr. McGavock assessed over ten discrete areas of potential economic harm arising from the parties’ claims and counterclaims, including lost profits, lost customer lifetime value, price erosion, valuation of trade secrets, and alleged loss of company value due to a failed M&A transaction.
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...