973-994-9494

Leveraging our multidisciplinary team of professionals, we are able to combine their collective knowledge of economics, corporate finance and business to calculate commercial damages addressed through a wide range of corporate disputes.  

At Sobel & Co. we apply our knowledge of economics, capital markets, corporate finance and the business sector to calculate lost profits, diminution in assets and value, and various commercial damages resulting from business disputes.  

We have experience advising both plaintiff and defense attorneys, accountants, executive officers, private equity investors, and buyers and sellers of companies. Our advice is collected and presented in a comprehensive economic and financial damages report. When needed, our professionals are called upon to offer expert testimony in depositions, mediation, arbitration and trials and have testified in both Federal and State Courts as well as before arbitration panels including FINRA and state government agencies.

Our professionals are exceptionally qualified and have been successful in major litigated cases in federal and state court. We have provided services at a reasonable cost mainly due to our rather concentrated size, talented individuals and very hands on approach with our clients.  We have provided excellent work for clients when in a time sensitive emergency, and have been known to meet obstacles when others have said it is impossible. Our projects range from commercial damages in the low hundreds of thousands to over a billion dollars.     

Breach of Contracts

Breach Of Non-Compete Agreements

Lost Profits

Tortious Interferece

Other Commercial Damage Calculations

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Breach of Contracts

Quite often, our professionals are retained by attorneys to calculate the damages of a contract breach.  When any business, entity or person fails to complete the contract terms, they may be found in a breach of contract. These breaches may include a failure to deliver the goods as promised, failure to pay according to the agreement and the failure to complete a job.  The law has designed remedies to make the injured party whole again.  It is our job to determine the actual damages caused by that breach, by calculating the present value of the lost profits.  All of our comprehensive damage reports contain the background facts, the economic and industry conditions, the economic outlook, the theory and our summary of the damages.

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We have worked on cases involving both partial breaches and material breaches, for industries ranging across the business sector.  

Our most recent transactions include:

  • Calculated the damages due to a breach of an oral contract, regarding the good faith dealings of an attorney and the real estate client;
  • Calculated the damages due to a breach of contract, as it pertained to the anonymity of the plaintiff’s clients;
  • Calculated the damages due to a breach of contract, based on a non-compete provision within the contract;
  • Provided a commentary with respect to the procedures performed by another analyst;
  • Calculated the damages due to an oral breach of contract in a legal malpractice case; and
  • Calculated the damages due to a breach of lease, which caused the food service business to close.

Breach Of Non-Compete Agreements

Our professionals have been retained by attorneys to calculate the economic damages due to a breach of a non-compete agreement. A non-compete agreement is a contract where an employee agrees not to compete with the employer.  The non-compete agreement may be for a restrictive time period, a specific location or a particular company upon termination of their employment.  If an employee leaves his current business and starts his own business, while ignoring his non-compete and causes monetary harm to his prior employer, than our firm is hired to calculate those damages.  

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Many times, a breach of non-compete claim, accompanies another count due to its difficulty to prove its enforceability.  Another consideration is its reasonability; how reasonable is the non-compete agreement?  Does it create excessive hardship for the employee, as in geographical restrictions or length of time?  However, the courts also take injurious use of trade secrets and solicitation into consideration, on behalf of the employer, as well.

In NY and NJ, non-compete agreements are difficult to enforce, because of livelihood matters and the individual’s right to work. Nonetheless, both sides of the agreement are carefully analyzed in breach of non-compete cases.

In business sale transactions, non-compete agreements are written to prevent the seller of a business from opening a similar business within certain parameters of the buyer. These non-competes, generally hold ground because of the goodwill that was sold to the buyer in the sale of the business.

In either situation, our professionals take a deep dive into every case and calculate the damages based on industry research, methodologies and economic theories. 

Our most recent transactions include:

  • Calculated the damages due to a breach of a non-compete agreement of an employee, who left his place of employment to launch his own business. He not only breached his non-compete agreement, but he stole intellectual property, as well. 
  • Calculated the damages due to a breach of a non-compete

Lost Profits

Our professionals are retained by attorneys to calculate the lost-profit damages in commercial cases. Many of these claims occur due to contract disputes, unfair competition, misappropriation of trade secrets, anti-trust claims and tortious interference.  In lost profit cases, the plaintiff must show that the defendant’s wrongful act (1) caused the loss, (2) the amount of the loss can be established with ‘reasonable certainty’ and (3) the loss was a consequence of the defendant’s actions.  

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Lost profits are a component of economic damages and in many cases involves a difficult calculation, as well as a time period for that loss. Our professionals understand the factual processes involved in court, as well as the many challenges that may arise. They play an important role in the litigation process and should be retained early in the case, to assist with the discovery questions and materials.

Every damage report prepared by our team is not only well documented, defendable and partner approved, it abides by the evidentiary rules and approved methodologies. 

Our recent transactions include:

  • Calculated the lost profits of the defendant caused by a misappropriation of confidential information, breach of contract and fraud.
  • Calculated the damages due to the poor investment of an employee over a specific period of time, due to bribes and kickbacks.

We have also been retained by attorneys to provide a rebuttal report for the defendant in commercial damage cases.  In every rebuttal report, our professionals use the same detailed approach required to provide a defendable rebuttal. 


Tortious Interference 

Tortious interference is a common law tort that occurs when a party intentionally damages another party’s contractual obligations or business relationship with a third-party, causing economic harm. Our professionals have supported attorneys that have filed for tortious interference for both business contracts and business relationships.

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In proving tortious interference cases, counsel must prove the following: 

  1. the plaintiff had a business relationship with another, 
  2. the defendant knew about the relationship, 
  3. the defendant intentionally caused harm,  and
  4. the plaintiff incurred damages

In order for a plaintiff to file a tortious interference claim, he must have had a valid contract or business relationship with another party.  Some forms of tortious interference are: (1) interference with a contract, (2) interference with a contractor’s ability to perform his duties, (3) preventing goods or services from being delivered, and (4) refusing delivered goods.  

Our professionals have been retained by counsel to provide a comprehensive economic damages report, which precisely lays out the formation of our economic analysis. Our experts have also given expert testimony regarding damage calculations for tortious interference matters in both Federal and State Courts. 

Our recent transactions include:

  • Calculated the economic losses of a communications company due to an alleged breach of contract and tortious interference.
  • Calculated the economic damages caused to the plaintiff due to the tortious interference with  contractual relations
  • Calculated economic damages caused by tortious interference, as it related to a joint venture.
  • A $13 million damage calculation in a tortious interference case.

Other Commercial Damage Calculations

  • Minority shareholder disputes
  • Intellectual property theft 
  • Unfair competition
  • Anti-trust claims
  • Fraudulent and misleading information
  • Breach of joint venture between two partners
  • Shareholder oppression cases
  • Breach of fiduciary duty cases
  • Securities violations
  • 10b-5 damage cases
  • New business damages

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 What We Offer

BUSINESS VALUATIONS

FINANCIAL REPORTING VALUATIONS

STRATEGIC ADVISORY SERVICES

COMMERCIAL DAMAGES


Our Professionals

Chris Young

Principal of the Firm 

 (973) 994-9494 x 289
 chris.young@SobelCoLLC.com

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Luigi D’Onorio DeMeo

Associate

 (973) 994-9494 x 193
 luigi.demeo@SobelCoLLC.com

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Adam Cox

Analyst 

 (973) 994-9494 x 293
 adam.cox@SobelCoLLC.com

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Michele Leppard

Marketing/Business Dev. Manager

 (973) 994-9494 x 131
 michele.leppard@SobelCoLLC.com

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