You have been hired as an expert witness on an economic damages case. Your client is Jeffry
Question:
You have been hired as an expert witness on an economic damages case. Your client is Jeffry Milken of True- Shakes Inc. TrueShakes makes prepackaged protein shakes and distributes them throughout the United States. The lawsuit is against Remco Nutrition Inc., a competing company that operates mostly in the Midwest. It turns out that Remco was selling a competing product in the Midwest market. The problem is that Remco copied TrueShake's paper-carton design and sold the competing product using the too-similar name, TrueShaker. You have completed weeks and weeks of detailed product and market analyses and have concluded that the loss to TrueShakes is \($1.4\) million dollars. You have already written your expert report and provided it to the op- posing side. You are preparing to testify the following day, but you discover a memo written four years ago that shows the name and design for the product in question actually originated in Remco. Remco is totally unaware of the memo, or even that it is the rightful owner of the product design and name. Apparently, the CEO of Remco left the company four years ago and then became the CEO of TrueShakes. When she left Remco, she brought the design to TrueShakes. You are very upset, because you were never given this information. You only discovered it when flipping through a pile of low-priority memos that you considered only tangentially important to your investigation and report. Consequently, you present the issue to the retaining attorney. She asks you to show her the memo, so you return to TrueShake's main office to retrieve a copy. To your surprise, the entire pile of memos has disappeared. No one can tell you what happened to it.
Required
What should you do in this situation?
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