Dr. Tiago Duarte-Silva was retained in a commercial arbitration between a large pharmaceutical company and a drug distributor in Colombia related to the early termination and unlawful disclosure of the terms of the distribution contract of an orphan drug. The pharmaceutical company argued that the distributor had violated the terms of the contract by disclosing the terms of their original contract to the new distributor after termination, which caused them to have lower margins and to lose profits. The distributor, on the other hand, argued lost profits due to the early termination of the agreement and the pharmaceutical’s breach of the agreement to not supply the pediatric version of the drug. Dr. Duarte-Silva was supported by Michelle Sandoval Siman and Tahsin Anjum.
Calculating damages in IEEPA tariff refund litigation
But it did not resolve a harder question: Who bore their economic cost? That distinction is now driving two parallel waves of private litigation: commercial...