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...
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Tiago Duarte-Silva is a testifying expert on damages, valuation, and accounting issues in international arbitration, complex commercial litigation, and securities disputes. He combines economics, finance, and accounting expertise with market experience in M&A, public equity offerings, and other corporate transactions. He has been retained in 175 disputes across more than 50 countries and has been cross-examined live more than 25 times across depositions, hearings, and trials.
Dr. Duarte-Silva’s written and oral opinions have been provided in litigation in the US (federal and state courts, including Delaware Court of Chancery) and in non-US courts, in domestic and international arbitrations, and before the US Department of Commerce. He has experience in both common law and civil law proceedings. He is also appointed by arbitral tribunals as an independent expert.
For 10 years, Dr. Duarte-Silva was a professor teaching valuation at Boston College’s MBA program. He performs valuations and accounting analyses related to M&A disputes and price adjustments, appraisal actions, shareholder disputes, including minority shareholder oppression, failing firm analyses, restoration of economic equilibrium, countervailing duties, and others.
He coordinates CRA’s international arbitration group, which has been recognized by Jus Mundi as the most active expert firm in arbitration globally and by GAR as handling the second-highest average claim size among all expert firms. Dr. Duarte-Silva communicates and testifies in English, Portuguese, and Spanish and has testified in different venues and different arbitral rules (e.g., ICSID, PCA, ICC, LCIA, SIAC, HKIAC, SCC, JAMS, AAA, UNCITRAL).
His experience in commercial and investment disputes covers quantum of lost value or profits due to breach of contract, breach of representations and warranties, direct or indirect expropriation in investment treaty arbitrations, reputational harm, and irreparable harm.
His expertise in securities and other financial markets disputes includes advising on market manipulation matters, fraud-on-the-market assessments, event studies, damages or settlement analyses within Rule 10b-5 and Section 11 matters, and insider trading. His testimony has led to denial of class certification and a shorter class period on market efficiency grounds, both rare outcomes.
Dr. Duarte-Silva’s professional experience also includes working with investment banking clients on live deals, advising on companies’ capital needs, examining earnings and various corporate news in real time, and issuing fairness opinions on pricing, terms, and board review processes.
Counsel and parties have noted that his “impeccable credentials and intellectual honesty grant him exceptional credibility,” that “Tiago made a considerable contribution to our theory of the case. I would strongly recommend him to any counsel in need of a leading quantum expert,” and that he is “renowned for his excellent reputation in the assessment of the quantum of damages,” “very experienced and knowledgeable,” “always calm, competent, and reactive to resolve issues,” “quick to respond and takes ownership of the issues he works on,” and “knowledgeable, practical and creative in providing solutions.”
His case experience spans industries such as financial services, technology, pharmaceuticals, manufacturing, infrastructure, telecom, renewable energy, distribution, media, oil and gas, and mining. His expertise in mining has been recognized in the past three years by Lexology’s survey of in-house counsel, Client Choice Awards (“Tiago has an unparalleled grasp of how all aspects of a mining project affect valuation”).
Dr. Duarte-Silva frequently writes and presents about damages, quantum, and other themes, and has published in the Journal of Financial Economics, the Journal of Applied Corporate Finance, Finance Research Letters, the Journal of International Arbitration, Law360, Global Arbitration Review, ITA Review, and the World Arbitration and Mediation Review. He has been a speaker at MIT, Harvard Law School, law firms, other institutions, and conferences. He also serves on the Experts’ Task Force of the Institute for Transnational Arbitration (ITA).
The parties or assets at stake in his matters have been from the United States, United Kingdom, Brazil, Canada, Angola, Chad, Democratic Republic of the Congo, Eritrea, Ethiopia, Ghana, Guinea, Mozambique, Niger, Nigeria, South Sudan, Zimbabwe, Armenia, Azerbaijan, Belarus, Belgium, Czechia, Germany, Italy, Kazakhstan, Kyrgyzstan, Poland, Portugal, Romania, Russia, Slovakia, Tajikistan, Türkiye, Ukraine, Uzbekistan, Colombia, Costa Rica, Ecuador, Guatemala, Honduras, Mexico, Suriname, Venezuela, Australia, P.R. China, India, Japan, Korea, Mongolia, Myanmar, Pakistan, Saudi Arabia, Thailand, and the UAE.
He has worked on behalf of corporations and their officers and directors, investors, hedge funds, sovereign states and entities, private equity firms, financial institutions, auditors, the Securities and Exchange Commission, and other US and foreign regulators.
