Darrell Chodorow has more than 15 years of consulting experience in commercial damages, valuation, and tax matters with The Brattle Group. His work has covered a broad array of industries including oil, natural gas, and electricity; biotechnology, pharmaceuticals, and chemicals; commodities and financial services; gaming; consumer products; high technology and media; and transportation.
His expertise includes developing practical insights from detailed analyses of complex business and financial contracts in the context of damages quantification, asset valuation, and the evaluation of economic substance underlying transactions. He brings to client engagements thoughtful development of market benchmarks and comprehensive modeling of the assets and transactions at issue.
Commercial Damages: Mr. Chodorow provides expert testimony and advice on damages in breach of contract, intellectual property, antitrust, and other matters. He has worked on cases before U.S. state and federal courts, the U.S. Court of Claims, and the Federal Court of Australia, as well as arbitration tribunals including the AAA, ICSID, ICC, SCC, LCIA, and the Permanent Court of Arbitration.
Business and Asset Valuation: Mr. Chodorow has valued businesses, financial assets, and business assets in litigation and non-litigation matters. He has conducted valuations in a variety of industries including agricultural products, cement, chemicals, financial products, gaming, petroleum, and electricity.
Tax Disputes: Mr. Chodorow has advised the U.S. Department of Justice, the Internal Revenue Service, and taxpayers on matters related to economic substance, research tax credits, and asset valuation. Cases related to economic substance include BLIPS, Son of Boss, CARDS, DAD, short-sale, and leasing transactions.
Kayat alleges that Genzyme breached an exclusive distribution agreement for the Former Soviet Union, resulting in damages in excess of $300 million. To support its claim, Kayat presented expert testimony on sales but for the alleged breach, and damages. On behalf of Genzyme, authored an expert explaining key flaws in the methodology and implementation of the analyses conducted by the plaintiff’s experts that made their conclusions unreliable. The opinion in this matter is pending.
The parties entered into a technology sharing arrangement. Petrolplast claimed that Ameron failed to share technological advances that were required under the agreement. On behalf of the plaintiffs, provided expert testimony on the damages associated with the alleged breach, including the impact on manufacturing costs and lost sales.
Perfetti sought an injunction on the marketing of a brand of Dentyne gum recently introduced by Cadbury Adams alleging it infringed upon a Mentos trademark. Cadbury Adams claimed an injunction would cause damages of more than $70 million, and requested that Perfetti be required to post a bond against these losses if an injunction were issued. For Perfetti, provided expert testimony in Federal Court evaluating the Cadbury Adams damages claim. The testimony exposed flaws in the methodology used to support Cadbury Adams damages claim, and explained why key assumptions supporting the claim were economically unreasonable.
Agrizap, Inc. v. Woodstream Corp., et al., U.S. District Court, Eastern District of Pennsylvania. Civil Action No. 04-3925. Expert Report
The Northern Cheyenne Tribe v. Gale A Norton, Secretary of the Interior and Fidelity Exploration and Production Company, U.S. District Court, District of Montana, Billings, Civil Action No. CV-03-00078-RWA. Expert Declaration
SCS Interactive, Inc. and Whitewater West Industries Ltd v. Vortex Aquatic Structures International Inc., U.S. District Court of Colorado, Civil Action No. 09-cv-01732-REB-KLM. Expert Report
Robert Rockwood and Roxanna Marchosky v. SKF USA, Inc. U.S. District Court for the District of New Hampshire, Civil Action No. 1:08-CV-00168. Expert Report
Petroplast Petrofisa Plasticos S.A. and Petrofisa Do Brazil, Ltda v. Ameron International Corp., Delaware Court of Chancery, Civil Action No. 4304-VCP. Expert Report, Deposition Testimony, and Testimony
Perfetti Van Melle USA and Perfetti Van Melle Benelux v. Cadbury Adams USA LLC, U.S. District Court for the Eastern District of Kentucky, Civil Action No. 2:10-CV-35-DLB. Expert Declaration and Testimony
Norfolk Southern Railway Company v. Drummond Coal Sales, Inc., U.S. District Court, Western District of Virginia. Civil Action No. 7:08CV00340. Expert Report
Confidential mutual fund industry arbitration. Expert Report, Deposition Testimony, and Testimony
Kayat Trading Ltd. v. Genzyme Corporation, Cyprus District Court, Nicosia District. Expert Report and Testimony
ErinMedia, LLC v. Nielsen Media Research, Inc., U.S. District Court, Middle District of Florida. Civil Action No. 8:05-CV-1123-T24-EAJ. Expert Report and Deposition Testimony
Embrex, Inc. v. Avitech, L.L.C. U.S. District Court, Middle District of North Carolina. Civil Action No. 1:04CV00693. Expert Report
Coverings Space NJ, Inc. v. Adele, et al., Superior Court of New Jersey. Civil Action HUD-L-3730-06. Expert Report and Deposition Testimony
Confidential tax mediation. Expert Report and Presentation to IRS Appeals Panel
Laboratorios Haymann S.A. v. Ivax Pharmaceuticals, Inc. and Teva Pharmaceuticals USA, Inc., International Chamber of Commerce International Court of Arbitration, Case No. ICC 18589/CA. Expert Report
International Centre for Settlement of Investment Disputes, Case No. ARB/13/18 (Enel Green Power S.p.A. (“Enel”) v. Republic of El Salvador). Expert report assessing the contingent value of Enel’s ownership stake in LaGeo S.A. de C.V. (“LaGeo”), a geothermal development and operating company with a portfolio of assets in El Salvador, associated with Enel’s rights under a shareholder agreement with the government of El Salvador.
An Economic Evaluation of 'Funding' for Research Tax Credits
September 29, 2014
Published in Tax Notes
The BP Royalty Trust: Warning of Impending Price Declines or a Failing Economic Indicator
Published in Notes at the Margin
The Economic Implications of the Texas Waiver on Petroleum Markets and the Broader Economy
Published by The Brattle Group, Inc.
Guest Lecturer in Regulation and Deregulation of U.S. Industries
Presented at the University of Virginia School of Law
Standards for Consulting Firms Working with Academic Experts
Presented at Law Seminars International’s Expert Testimony in Litigation Conference, Reston, VA
Stages of Power Plant Development – A Survey
Presented at Electric Power Research Institute conference on “Boom-Bust” business cycles in the power industry, Cambridge, MA
Distributed Generation: Threats and Opportunities
Prepared for The Electricity Distribution Conference: Opportunities and Challenges for the Distribution Company in the New Millennium, Denver, CO
What's in the Cards for Distribution Companies
Presented to The Electricity Distribution Conference, Denver, CO
The FERC, Stranded Cost Recovery, and Municipalization
Published in Energy Law Journal
Darrell lives in Maryland with his wife and two boys. As a native New Mexican, he enjoys anything having to do with the mountains and the outdoors. Whenever possible, he can be found on his bike.
Yale School of Management, MBA
Brandeis University, B.A. in Economics