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Commercial Disputes

David Perry is regularly engaged to perform economic analyses, investigations, business valuations and damage calculations related to commercial disputes.

Many of the commercial disputes in which David is hired involve breach of contract claims. Others involve various claims such as defamation, fraud, professional malpractice, breach of fiduciary duty and employment law violations. David has been hired to calculate damages suffered by businesses in numerous industries, including multiple cases with more than $100 million at stake.

David has worked on hundreds of commercial disputes including ones in which he:

  • Analyzed the losses experienced by multiple real estate developments due to the lack of a wastewater treatment plant.

  • Determined the damages suffered by a business as a result of alleged defamation over a multi-year period.

  • Assessed the damages in a contract dispute related to video games owned by a major Japanese corporation.

  • Analyzed multiple large electronic data files in a wage and hour employment class action involving a financial institution.

  • Performed financial analysis to resolve disputes between various physician groups and a diagnostic imaging services provider.

  • Analyzed whether a real estate developer had improperly charged development expenses to a homeowners association.

  • Calculated lost profits in a contract dispute related to the production of an organic beverage.

  • Analyzed the commercial feasibility of a cleaning machine and the damages related to alleged breaches of a contract.

  • Determined the loss in value of a distributor as a result of alleged actions taken by a manufacturer.

  • Determined the damages in a lawsuit against an insurance carrier related to mold contamination in an apartment complex.

  • Assisted a Stanford law professor to determine whether certain companies had complied with various federal and state statutes.

  • Assessed the adequacy of reserves held by a homeowners' association at the time of a change in the association's control.

  • Calculated damages in a dispute between two large insurance brokerage firms.

  • Determined lost profits in a dispute between a homebuilder and a large publicly-traded mining company.

  • Calculated damages incurred by a manufacturing company as a result of a fire at one of its production facilities.

  • Valued a sports bar in connection with a dispute between a franchisee and franchisor.

  • Identified misstatements in financial statements used as the basis for a large corporate acquisition and the related damages.

  • Analyzed thousands of legal invoices in connection with a dispute between an insured and multiple insurers.

  • Analyzed the damages incurred by the buyers of a business as a result of alleged professional malpractice.

  • Identified fund flows and business relationships in a dispute about alleged international money laundering and fraud.

  • Determined the present value of utility infrastructure bonds in connection with an alleged securities act infringement.

  • Quantified damages in a dispute involving the delayed development of a master-planned community.

  • Valued the business of a homebuilder in connection with a lawsuit with a homeowners' association.

  • Analyzed misstatements in financial statements used to calculate the earn-out payments after an acquisition.

  • Calculated damages in a lawsuit involving an alleged oral contract and analyzed if the alleged contract was commercially reasonable.

  • Analyzed millions of records in multiple databases in connection with a lawsuit alleging failure to make commission payments.

  • Assessed what percentage of the change in value of a chiropractic business was caused by alleged professional malpractice.

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