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Case Studies: Litigation


About Gary Durham

Areas of Expertise

Case Studies

Business & Securities Valuation
Tax & Estate Planning
Divorce & Business Disputes


  • A nursing home owner and operator retained an expert to determine the value of twenty-one nursing homes in Texas, Missouri, and Florida used to support damage claims against its directors and officers. Gary was retained by the Defendants to prepare a rebuttal of the Trustee's expert's opinion of the values. Soon after Gary issued his rebuttal opinion, the case settled. A few months later, the opposing counsel from this case requested Gary's assistance in valuing eighteen nursing homes on a related (but non-conflicting) matter in the same case, resulting in a quick settlement.

  • An executive in the chemicals industry was hired by a competitor and allegedly divulged trade secrets of his original employer to the competition. Gary prepared the calculation of damages resulting from the theft and utilization of the trade secrets.

  • Gary was retained to provide his opinion on "alter ego" factors and the negligence of officers and directors in extending credit to a non creditworthy business leading to a 8-figure settlement.

  • Gary was retained to provide his opinion on damages resulting from an alleged breach of contract between two Fortune 500 communications companies resulting in a successful settlement for the plaintiff, his client.

  • General Wireless, Inc. acquired several C-Block licenses from the FCC for more than $1 billion. Gary developed the analysis supporting the Court's decision that the C-Block licenses purchased by GWI were only worth $166 million, meaning GWI only had to pay $58 million to receive the licenses, for which it bid $1 billion. This resulted in a refund to GWI from the FCC of approximately $900 million.

  • A company in the gaming industry was consolidating several businesses, leading to lawsuits against the sellers for allegedly breaching contracts as a result of the transactions. In response to the plaintiff's expert's opinion of damages related to one of the acquisitions, Gary prepared a rebuttal that resulted in a quick settlement in mediation.

  • Gary was retained to provide his opinion of the value of options to purchase stock of a media company to resolve a joint business owner dispute.

  • A building products distribution entity retained an expert to estimate the values at which several businesses should have been sold to support claims against its directors and officers. Gary prepared the rebuttal of these claims. Using Gary's analysis, the Court determined the claims to be without merit and the plaintiff was awarded nothing.

  • Intellectual Property and Other Intangible Assets: Gary has extensive experience valuing patents, trademarks, non-compete agreements, proprietary software, customer lists, subscriber bases and other intangible assets for various purposes as well as determining reasonable royalty rates to be charged for third party use of such assets. This experience is highly valuable in cases involving patent and trademark infringement, non-compete agreement breaches, and trade secrets theft.

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