Extract to table

This overage partially offsets any claimed volume shortfall in Contract Year 3 ("CY3"), because the TSA must be evaluated holistically over its term, and any over-performance in CY2 reduces the net economic loss attributable to the termination

Rosser should explain her economic rationale — that from a damages perspective, the question is the total economic loss suffered by VTS over the remaining contract term, and that excess performance in one period must be considered in evaluating the net impact of any shortfall in a subsequent period

Rosser's deposition testimony must be consistent with the opinions, methodologies, and conclusions set forth in her written report

If she identifies any errors, omissions, or adjustments that need to be made to the report prior to the deposition, those must be addressed with counsel well in advance so that any necessary corrections or supplements can be served

[TO BE COMPLETED — a full assessment of the current state of FRCP 26(b)(4) case law in the Southern District of New York is required to confirm the scope of these protections and to identify any recent decisions that may affect the analysis