Selex Galileo, Inc. v. Nomir Medical Technologies, Inc.

Analysis Group was retained on behalf of the high-tech company Selex Galileo (Selex) in an arbitration at the International Centre for Dispute Resolution. The dispute related to Selex’s agreement with Nomir Medical Technologies (Nomir) to develop and commercialize Nomir’s laser-based medical device for nasal decolonization of methicillin-resistant Staphylococcus aureus (MRSA) and methicillin-sensitive Staphylococcus aureus (MSSA). Nomir terminated the agreement, claiming that Selex ceased material development and commercialization of the medical device technology. Selex initiated the arbitration, claiming wrongful termination of the agreement and seeking approximately $3 million in damages for project costs. Nomir filed a counterclaim, seeking nearly $220 million in lost profits damages, plus attorneys’ fees and costs.

An Analysis Group team led by Managing Principal Laurits Christensen and Vice Presidents Carletta Wong and Andrew Ungerer supported three affiliates who filed expert reports and testified: Mark Wilcox and Stanley Brown, who opined on the use of laser technology in medical research; and Laura Stamm, who opined on damages topics, including that Nomir’s lost profits claim was speculative and unreliable.

Following a five-day hearing, the arbitration tribunal unanimously ruled in favor of Selex, holding that Nomir had no valid cause to terminate the agreement. The tribunal also denied Nomir’s counterclaim, finding that Nomir’s damages claim was too speculative, and awarded Selex the damages amount it requested, plus attorneys’ fees and interest.