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Thoughtful Financial Analysis Foils 'Textbook' Breach-of-Contract Case
In this dispute, a revenue-sharing agreement originally designed to enrich the plaintiff actually devalued the worth of its claim.
Believing that they were overpaying for a publishing company's services to produce an informational magazine, our client, the new management team of a large, privately held company, canceled a contract originally negotiated by executives who were no longer in charge. Gleason & Associates was hired to help inside and outside counsel defend the company in the resulting breach-of-contract dispute.
By reviewing the financial records produced by the publisher, we analyzed the strengths and weaknesses of several arguments we thought the plaintiff was likely to make. Critical to our client's case was our discovery that the publishing company's profits on the magazine had been steadily declining. Although our client paid a set fee to cover production costs of the publication, a joint revenue-sharing arrangement allowed the publisher to generate additional revenue from outside advertisers. An analysis of the financial data revealed that as the production costs of the publication increased, the outside advertising revenue was decreasing significantly - knowledge that put the profits from the contract into perspective.
The multiple case scenarios we quantified, along with the detailed financial analysis of the publisher's profitability, enabled our client to authoritatively counter the plaintiff's financial arguments and favorably settle the dispute.
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