Engagements

AAA dispute in commercially reasonable efforts to market a hospital administered drug

Clinic corridor in a hospital

CRA was retained by counsel on behalf of the Respondent in an AAA arbitration matter, in which the Claimant alleged the breach of a licensing agreement and failure to exercise commercially reasonable efforts to market and sell a hospital administered drug.

CRA expert, Dr. Sean Sheridan considered the Respondent’s efforts as they relate to the obligations of the licensing agreement and evaluated those efforts relative to industry benchmarks, ultimately concluding that commercially reasonable efforts were exercised. Dr. Sheridan submitted written and oral testimony and was supported by Ms. Erin McDermott and Mr. Alec Manning. Ultimately, the panel agreed with Dr. Sheridan’s opinions regarding the Respondent’s efforts.