Philip Saunders Associates - Economic and Financial Analysis

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Employment: Breach of Employment Contract,
Wrongful Discharge, and Sexual Harassment.

In breach of employment contract cases Philip Saunders Associates (PSA) estimates the economic damages suffered by the former employer. Alternatively, PSA may estimate the economic damages suffered by the former employee or the new company, if one or the other brings counter suit for tortious interference. In wrongful discharge and sexual harassment cases, PSA estimates the present value of future lost compensation (front pay).

Selected cases

For defendant in wrongful discharge and sexual harassment suit, identified methodology problems in plaintiff’s expert’s economic report, providing basis for Daubert challenge.   Worked with client attorney on motion to exclude opposing expert’s testimony and drafted supporting affidavit, documenting expert’s misapplication of cited court rulings on economic issues and failure to meet four separate standards enunciated in Daubert and cases following Daubert.  Case settled for less than 10% of amount claimed.

For retail and wholesale oil distributor charged with wrongful discharge of sales manager, PSA estimated plaintiff's expected future compensation at former position and potential mitigating income. PSA's analysis showed damages were 80% less than claimed. Subsequently, client attorney wrote, "Dr. Saunders' work on this matter was focused, efficient, and useful. He made himself available by telephone and in person, even when it meant reworking calculations late into the night to respond to testimony during trial. Working with him was a pleasure."

For discharged manufacturing line supervisor in age discrimination suit, PSA reviewed work history, promotion and pay history, benefits records, company personnel policies, and corporate financial condition and stability. PSA estimated lost compensation (front pay) and provided report, which was basis for settlement.

For bank charged with wrongful termination of a chief lending officer seeking whistleblower protection, PSA demonstrated overstatement of loss by opposing expert, designed and analyzed industry survey of bank lending officer positions to estimate probable longevity in position, and analyzed real estate market and broker compensation, demonstrating plaintiff's potential for mitigation of lost income in new occupation. $1,500,000 claim settled on confidential terms with which client was "very happy."

Getting the Most From An Economic Expert, Massachusetts Lawyers Weekly.

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