Philip Saunders Associates (PSA) provides analysis of the causal business links between the alleged breach of contract or tort and the economic damages suffered, and estimates the amounts of economic damages. Assignments typically involve not only analysis of the plaintiff company but also analysis of the economic and business environment, and identification of internal and external factors which affect the company's business and provide a basis for estimating what would have happened absent the breach. Since actions frequently involve allegations of loss due to consequent inability to finance, grow, or sell a company, Dr. Saunders' extensive investment experience becomes particularly relevant in assessing feasibility and the probability of success.

Sample cases

For American subsidiary of multi-billion dollar Japanese company, PSA analyzed market and reconstructed and analyzed financial records of printing equipment manufacturer and distributor, which alleged client's actions interfered with its business and prevented it from obtaining financing. PSA's analysis showed manufacturer's earnings were less than reported, company's main product had no long-term future because of market, and financing was problematical at best. Case settled for fraction of amount claimed.

For startup company, alleging breach of contract by failure to transfer rights to bioremediation process, PSA created business plan, projecting potential profits from commercialization of process. Assignment involved extensive research into hazardous waste treatment and storage and into market for bioremediation of nuclear and other toxic waste. PSA provided testimony in affidavit, followed by successful defense in six hour deposition.

For defendant in insurance subrogation claim, PSA reviewed and analyzed sales, production, inventory, planning, financial, and cost accounting records of apparel manufacturing company, as well as report prepared for plaintiff by national forensic accounting firm. PSA identified crucial methodological problem with accountant's report and re-estimated sales and lost profits, demonstrating maximum possible loss was only 30% of approximately $400,000 claimed.

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