Mr. Shefftz has modeled companies’ cash flows under hypothetical “but-for” states of the world versus actual states of the world to calculate commercial damages in numerous cases.
Sample contexts for this work include an engineering firm that lost business to a spin-off competitor, timber product companies that alleged a contract breach from U.S. Forest Service implementation of Congressional legislation, a furniture company whose relationship with a joint venture partner was interfered with by a key customer, a fixed base operator denied permission to sell jet fuel by the municipal airport commission, a brownfields remediation firm whose key principal became incapacitated, a state-chartered joint underwriting association whose prior servicing carrier incorrectly determined annual insurance premiums, a dealer who delivered contaminated diesel fuel, a social networking website imperiled by a developer's nondelivery, proprietary computer code discarded by a demolition/clean-up crew, and a sports organization whose apparel licensee breached a contract.
Mr. Shefftz brings a unique combination of strengths and skills to this otherwise common practice area for forensic economists. First, unlike most economics experts opining on commercial damages cases in State court, he can additionally draw on his extensive experience in Federal court (both U.S. District Court and a Federal agency’s Administrative Court). Second, Mr. Shefftz has extensive experience in related practice areas, including unjust enrichment calculation, financial statement analysis, municipal financial assessment, and corporate control / ownership issues.
As a result, Mr. Shefftz has served in an expert capacity for the U.S. Department of Justice in dozens of cases, and has opined on issues such as the Weighted-Average Cost of Capital ("WACC"), business solvency, joint cost allocation, financial assurance, intellectual property, and interfund municipal transfers, in addition to the more typical issue of lost profits. Also, for the U.S. Department of Justice Commercial Litigation Branch, Mr. Shefftz developed a standalone computer application to calculate statutorily determined interest accruing on damages claims under the Contract Disputes Act.