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Contract analysis / expert-retention-letter-drummond.docx
expert-retention-letter-drummond.docx
High · 0
Medium · 4
Standard · 0
1. Engagement and Purpose
Medium
⚑ Forum / governing law
1. Engagement and Purpose Calderwood & Harkness LLP represents Verimark Hospitality Group Inc. ("VHG"), a Delaware corporation publicly traded on the Nasdaq Stock Market under the ticker symbol VMHG, with its principal executive offices located at 2200 Bayshore Boulevard, Suite 1400, Tampa, FL 33629. VHG is a leading hospitality and real estate company with annual revenue of approximately $1.87 billion for the fiscal
2. Background Facts Relevant to Damages Analysis
Medium
⚑ Notice / time limit to track
2. Background Facts Relevant to Damages Analysis The following summary is intended to provide you with the factual context necessary to commence your analysis. Additional documents and information will be furnished as they become available, including materials obtained through the discovery process. 2.1 VHG's Trademark Portfolio and Market Position VHG holds three (3) federal trademark registrations issued by the Uni
3. Scope of Expert Engagement
Medium
⚑ Forum / governing law
3. Scope of Expert Engagement 3.1 Damages Theories to Be Analyzed In connection with this engagement, you are expected to analyze, quantify, and provide testimony regarding the full range of monetary relief available to VHG under Section 35(a) of the Lanham Act, 15 U.S.C. § 1117(a). Specifically, we ask that you evaluate and opine on the following damages theories, as described in Sections 3.2 through 3.6 below. Your
4. Expected Deliverables
4. Expected Deliverables We anticipate the following deliverables in connection with this engagement: (a) Preliminary Damages Memorandum. A preliminary, summary-level memorandum analyzing potential monetary harm to VHG, for use in connection with the preliminary injunction hearing currently scheduled for September 10, 2025. This memorandum should be of sufficient depth and rigor to support VHG's showing that it faces
5. Access to Materials and discovery Coordination
5. Access to Materials and discovery Coordination Calderwood & Harkness will provide you with relevant documents and information as they become available during the course of the litigation. We anticipate providing the following categories of materials, among others: (a) VHG's financial records, including property-level revenue data, booking data, occupancy rates, average daily rates ("ADR"), and revenue per availabl
6. Compensation
6. Compensation Compensation for this engagement shall be as follows: (a) Hourly Rate. Mr. Whitford's professional hourly rate is $575.00 per hour for all professional services rendered in connection with this engagement, including, without limitation, analysis, research, report preparation, consultation calls, deposition testimony, trial testimony, and travel time. (b) Invoicing. Drummond Appraisal Group Inc. shall
7. Confidentiality Obligations
Medium
⚑ Liability cap to check against exposure
7. Confidentiality Obligations All information, documents, data, communications, and materials provided to you or to Drummond Appraisal Group Inc. in connection with this engagement are confidential and proprietary to VHG and/or are subject to attorney-client privilege, the attorney work product doctrine, or court-entered protective orders. You and Drummond Appraisal Group Inc. shall treat all such materials as stric
8. Document Retention
8. Document Retention You shall retain all documents, data, communications, notes, drafts, working papers, spreadsheets, models, and other materials considered or generated in connection with this engagement, in whatever form, in accordance with the requirements of Rule 26(a)(2)(B) of the Federal Rules of Civil Procedure and any applicable orders of the Court. This obligation includes, without limitation, all drafts
9. Independence and Conflicts
9. Independence and Conflicts By executing this letter, you confirm that you have no prior professional, personal, or financial relationship with, and no financial interest in, either Verimark Hospitality Group Inc. or Coral Verimark Resorts LLC, or any of their respective officers, directors, shareholders, members, employees, affiliates, or counsel of record. You further confirm that you have conducted a reasonable
10. Timeline and Key Dates
10. Timeline and Key Dates The following is a summary of the key dates and deadlines currently known or anticipated in connection with this matter. Additional dates will be communicated to you as they are established by the Court's scheduling order. In light of the September 10, 2025 preliminary injunction hearing, we ask that you be available for consultation calls on an as-needed basis during the weeks of July 28 a
11. Acceptance and Countersignature
11. Acceptance and Countersignature If the terms and conditions set forth in this letter are acceptable to you, please indicate your acceptance by signing and dating this letter in the space provided below and returning an executed copy to the undersigned. A scanned, electronic copy transmitted by email to peter.vassiliev@calderwoodharkness.com shall be deemed an original for all purposes, with a hard copy original t
12. Closing and Contact Information
12. Closing and Contact Information Please direct all inquiries, correspondence, and deliverables in connection with this engagement to the undersigned: Peter Vassiliev Lead Associate Calderwood & Harkness LLP 400 Brickell Avenue, Suite 3200 Miami, FL 33131 Telephone: (305) 884-7244 Email: peter.vassiliev@calderwoodharkness.com cc (via email): Marcus Delgado, Partner (Responsible Partner), Calderwood & Harkness LLP C
1. Copy of Verified Complaint, Verimark Hospitality Group Inc. v. Coral Verimark Resorts
1. Copy of Verified Complaint, Verimark Hospitality Group Inc. v. Coral Verimark Resorts LLC, Case No. 1:25-cv-22847-AMC (U.S.D.C. S.D. Fla.)
2. Copies of VHG trademark registration certificates:
2. Copies of VHG trademark registration certificates: (a) U.S. Registration No. 3,742,618 — "VERIMARK" (b) U.S. Registration No. 4,105,233 — "VERIMARK HOSPITALITY" (c) U.S. Registration No. 5,489,701 — VERIMARK "V" Design Mark
3. Summary of 23 documented instances of actual consumer confusion (prepared by Broadleaf
3. Summary of 23 documented instances of actual consumer confusion (prepared by Broadleaf Investigations Inc., Jorge A. Quintana, Lead Investigator)
4. Preliminary lost-profits analysis from VHG's internal reservation-tracking data
4. Preliminary lost-profits analysis from VHG's internal reservation-tracking data Event | Date / Status Complaint filed | July 22, 2025 Motion for Preliminary Injunction filed | July 22, 2025 Answer deadline for CVR | August 12, 2025 Preliminary injunction hearing | September 10, 2025 Preliminary damages memorandum due from expert | To be confirmed; must be in advance of September 10, 2025 hearing Scheduling confere