CRA was retained in an international arbitration between two Japanese affiliates of multinational pharmaceutical companies. The dispute concerned Respondent’s performance under a co-promotion agreement. CRA’s team of life sciences consultants assessed indicators of commercially reasonable efforts using various industry data sources. The CRA team also quantified Claimant’s loss resulting from the alleged inadequate performance under the agreement, and responded to Respondent’s expert regarding damages alleged by Respondent.
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...