Business Litigation Support
Principal Contact: Ron Luke, JD, PhD
rluke@rpcconsulting.com
512/371-8166
RPC has provided commercial litigation support covering many industries. Along with analysis of corporate and public records, we also have developed financial and economic models, as well as performed extensive research on specific industries. Our reports and testimony have addressed the reasonableness of management's actions as well as damage calculations. The following examples demonstrate the wide range of RPC's business litigation experience outside the healthcare field.
- In litigation by creditors against officers and directors of a "dot com" company, RPC reconstructed the history of a bankrupt company to evaluate the reasonableness of certain management decisions. To make this evaluation we analyzed the business environment in which the decisions were made. We compared this failed company to companies with similar products that survived.
- In an action for slander and libel against a television station by an office equipment company, we used multiple regression analysis to determine the damages from loss of sales to state government. These losses followed broadcasts during "sweeps" that falsely accused the company of improper actions to influence state purchasing agents.
- RPC analyzed the impact of a pipeline break under Galveston Bay on the value of nearby residential property. We used multiple regression analysis on real estate data to compare value of properties and control for location and physical characteristics. We have performed similar studies to examine the impact on property values of chemical plants, Superfund sites, injection wells and chemical plants.
- In an anticipatory breach of contract case, we quantified the potential damages to an electric generating company's generator if the local river authority proceeded with a planned sale of water to another user.
- RPC has provided analysis in several employment law cases involving the EEOC or the OSHA. In these cases we conducted statistical analysis of employment records to determine if discrimination existed. We also performed economic analysis to quantify damages.
- In a case alleging that a major professional services firm had discriminated against a female employee by failing to promote her to partner, RPC conducted a statistical analysis of the company's personnel evaluation process to test whether female associates had been treated differently than men when being considered for promotion to partner.
- RPC developed simulation models to determine the economic, demographic and fiscal impact of proposals to convert a power plant to burn synthetic fuel in place of burning residual fuel oil in Manatee County, Florida.
- In a case with original jurisdiction before the U.S. Supreme Court, RPC conducted a socioeconomic study covering several decades in the past and projecting several decades into the future. Our objective was to determine whether the exploration, development and production of natural gas in the federal outer continental shelf had created an economic burden on the State of Louisiana.
Business Records Review
Because our past cases have required the review and analysis of large volumes of business records, RPC has developed advanced document management capabilities for business record review. We utilize SUMMATION® software to organize project databases for our own use. SUMMATION® enables us to create a consolidated text-searchable database of all documents involved in the case, even if they were only produced in paper form. RPC also has the capability to organize and manage documents for attorneys in document-intensive cases that exceed a law firm's in-house document management capabilities.