A CRA expert was retained by defendants in a $7 billion Chapter 11 reorganization matter to opine on whether a difference in the debt financing terms of the restructuring was adverse to the equity plan investors (defendants) who sought a for-cause termination of their participation in the reorganization plan. The expert calculated the fair market value of the revised debt financing and demonstrated that the revised terms materially diminished the consideration that the client would receive in the transaction. On the basis of this testimony, the matter was settled favorably.
Calculating damages in employee raiding or lift-out disputes
These are the key points addressed in the article: Damages in employee raiding cases may extend beyond lost profits. Courts often consider multiple categories...