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Litigating Force Majeure


Cost Free
Presentation Length 1.0 hour

Recorded DateSeptember 3, 2020
CPE:Not available
(archived webinars do not offer CPE credits)
Subject AreaBusiness Law
Course LevelBasic
Course Description

As businesses reopen, many companies will consider whether the enforced lockdown constitutes force majeure in breach of contract claims. This presentation discusses the elements of declaring force majeure and what to consider in a damages analysis.

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Dr. Tanimura has consulted on a wide variety of matters, with a particular focus on litigation involving complex economic and financial issues. He has worked on matters involving antitrust liability and damages, class certification and damages, commercial damages, corporate valuation, derivative securities (including commodity futures, credit default swaps, and employee stock options), franchises, insider trading and market manipulation, intellectual property, and public policy.

Dr. Tanimura’s work has covered a broad range of industries, including agriculture, consumer products, electric vehicles, financial services, medical devices, mobile devices, music, pharmaceuticals, precious metals, private equity, restaurants, sports equipment, and video games.

Prior to joining FTI Consulting, Dr. Tanimura worked as a Director at Berkeley Research Group, a Managing Economist at LECG, and an Economist at Economic Analysis. He has been an Assistant Professor of Finance at the San Diego State University, Fowler College of Business and also taught classes at the University of Washington, Foster School of Business.

Dr. Tanimura’s research has been published in peer reviewed journals such as the Asian Economic Journal, the California Journal of Politics and Policy, the International Journal of Financial Management, and the Journal of Financial Research. His current research focuses on corporate governance, corporate scandals, economic history, and insider trading

Dr. Tanimura holds a Ph.D. in Finance and Business Economics from the University of Washington, Foster School of Business, a J.D. from the University of Southern California, Gould School of Law, and a B.S. in Finance from the University of Southern California, Marshall School of Business.


Dr. C. Paul Wazzan

FTI Consulting
Senior Managing Director


C. Paul Wazzan is a Senior Managing Director with FTI Consulting’s Forensic & Litigation Consulting segment. Dr. Wazzan specializes in providing financial, economic and statistical expertise in the areas of complex damages, finance, (e.g., valuation, corporate finance, securities fraud/10b5, option valuation, class certification, pricing of mortgage risk and MBS/CDOs, commodities price manipulation), intellectual property (e.g., patent, trademark and copyright infringement, theft of trade secrets), labor and employment (e.g., class certification, managerial misclassification, wage & hour, discrimination), antitrust and competition policy (e.g., market definition, merger analysis, predatory pricing, price-fixing, exclusionary conduct, price discrimination, attempted monopolization) and public policy.

Dr. Wazzan also specializes in large scale (i.e., millions of records) data analytics (e.g., data acquisition, database design and development and statistical/econometric analysis).

Dr. Wazzan’s analyses have covered a wide range of industries, including basic manufacturing (e.g., automotive, mining, oil and gas, steel, food processing and distribution); high-tech (e.g., aircraft and avionics, semiconductors, digital signal processors, computer peripherals); real estate (e.g., appropriate interest rates in bankruptcy settings, lending discrimination); financial services (e.g., banking, metals and other commodities trading, organized financial markets) and pharmaceuticals (e.g., pricing of proteins, drugs and the modeling of expected sales).

Dr. Wazzan’s research has been published in peer reviewed economics journals and law reviews and he has testified in a wide range of matters in Federal, State and Bankruptcy Courts, the International Trade Commission, domestic and international arbitration proceedings, and in front of legislative bodies. In addition, his testimony has been featured and relied upon in published judicial decisions.

Dr. Wazzan is president and CEO of Wazzan & Co. Investment LLC, a venture capital firm providing seed level funding to firms specializing in semiconductor, optical networking, bio-mechanical, bio-medical, and related technologies.

Dr. Wazzan has been an adjunct assistant professor of business and economics at California State University, Los Angeles and has also taught MBA classes at the University of Southern California, Marshall School of Business. Dr. Wazzan uses his experience in accounting, finance, and various industries to lead dispute consulting and forensic investigatory engagements mainly related to complex financial, employment and accounting litigation matters.


Phil Guess focuses his litigation practice on complex business disputes and has particular experience representing clients in the technology, energy, and financial services industries. He has served on the firmwide management committee and as the managing partner of the Seattle office.

Phil is currently listed in Chambers USA as one of the top lawyers in Washington for General Commercial Litigation and has represented clients in courts throughout the United States in cases involving contractual breaches, usurpation of trade secrets, tortious interference, and class action allegations, among other issues.

For clients’ technology disputes, Phil provides particular experience in contractual disputes regarding the ownership or disposition of intellectual property as well as disputes representing business against consumers. For clients engaged in energy-related industries, Phil offers particular experience with allegations surrounding supply contact breaches, breaches of non-compete and/or trade secret disputes, as well as federal preemption issues.

Phil has represented financial services clients in a number of high stakes cases. For example, he represented and advised numerous clients regarding Bernard Madoff and Bernard L. Madoff Securities, LLC. Likewise, Phil represented the Trustee in In Re: Consolidated Meridian Funds, which involved a $220 million real estate scheme, the largest fraud of its kind in the Pacific Northwest.

Phil also represented the Bayou Unofficial Creditors' Committee and Bayou Official Creditors' Committee, In re Bayou Hedge Fund Litigation, assisting institutional investors in the Bayou family of hedge funds to recover in excess of $75 million in what was, at the time, the largest Ponzi Scheme in United States history. Phil is also an experienced securities litigator, handling cases alleging securities fraud and dissenters’ rights cases in state and federal court. Finally, Phil has represented companies, fund managers and institutional investors in matters involving or disputes with the Securities & Exchange Commission, Securities Investor Protection Corporation, and Washington State Department of Financial Institutions.  


John Rothermich has represented clients in a wide range of complex commercial litigation and government investigations, with a particular focus on the defense of False Claims Act lawsuits and investigations, fraud claims, trade secrets litigation, and tax-related litigation in the health care, transportation and financial services industries. Additionally, John has obtained favorable settlements for employers in discrimination suits.

John has a varied pro bono practice, including work with the Oregon chapter of the American Civil Liberties Union, the Oregon Legal Aid Society’s Domestic Violence Project, and the local federal court pro bono panel.

John is committed to obtaining the best possible result for his clients in a compassionate, efficient, and strategic manner.

About Our Presenter

FTI Consulting, Inc. is an independent global business advisory firm dedicated to helping organizations manage change, mitigate risk and resolve disputes: financial, legal, operational, political & regulatory, reputational and transactional. FTI Consulting professionals, located in all major business centers throughout the world, work closely with clients to anticipate, illuminate and overcome complex business challenges and opportunities.