ASICS was awarded $6.1 million in a unanimous verdict, with counterclaims rejected.
Retained by Sidley Austin
Background
In April 2020, ASICS sued Shoebacca in the Orange County Superior Court to collect $6.1 million for unpaid shoe deliveries. Shoebacca countersued for over $44 million, claiming ASICS breached a separate contract and committed fraud.
Effective Expert Testimony
Counsel for ASICS retained Cornerstone Research to support three experts: Carlyn Irwin of Cornerstone Research, Kevin Lane Keller of Dartmouth College, and an industry expert.
- Ms. Irwin rebutted Shoebacca’s damages theories and calculations, including in trial testimony. She also consulted with counsel throughout the trial.
- Professor Keller analyzed a number of marketing issues, including branding, retail strategy, and customer segmentation.
- The retail industry expert testified about different tiers of retailers and different types of footwear.
Unanimous Jury Verdict
In June 2026, after a nine-week trial, the jury found in ASICS’s favor on every count. The jury found that Shoebacca was required to pay $6.1 million in unpaid bills, plus contractual interest and fees, and rejected Shoebacca’s cross-claims of breach and fraud.
This is an important victory for ASICS, as Shoebacca’s claims would have compelled the company to sell new inventory below production costs, leading to severe financial losses.
Los Angeles
