Free Trial Memo - District Court of Connecticut - Connecticut

Case 3:02-cv-02237-MRK

Document 45-5

Filed 07/13/2004

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT TRILEGIANT COPRORATION, Plaintiff, v. BP PRODUCTS NORTH AMERICA INC., Defendant. ) ) ) ) ) ) ) ) )

Civil Action No.: 3:02 CV 2237 (JBA)

August 22, 2003

PLAINTIFF'S EXPERT DISCLOSURE Pursuant to Rule 26(a)(2)(A) of the Federal Rules of Civil Procedure, Plaintiff, Trilegiant Corporation, hereby discloses that the following person may be used at trial to present evidence under Rule 702, 703 or 705 of the Federal Rules of Evidence. 1. Greg Hilinski Senior Vice President of Marketing Analysis, Finance Trilegiant Corporation 100 Connecticut Avenue Norwalk, Connecticut 06850 Mr. Hilinski is a current employee of Trilegiant Corporation and is not a retained or specially employed witness for this action. Further, Mr. Hilinski's duties as employee of Trilegiant Corporation do not include regularly giving expert testimony.

Case 3:02-cv-02237-MRK

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2.

Educational Degrees: 1987 - Bachelors Degree in Marketing, University of Bridgeport Bridgeport, Connecticut 1993 - Masters Degree in Business Administration, Sacred Heart University - Fairfield, Connecticut

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Work History: CUC International/Cendant Membership Services/Trilegiant Corporation 1987 - Marketing Analyst - Marketing Operations 1988 - Assistant Manager - Marketing Operations 1989 - Manager - Marketing Operations 1989 - Manager - Premier Dining Product Manager 1991 - Director - Premier Dining Product Manager 1993 - Senior Business Analyst - Software Development 1996 - Director of Special Projects - Account Management 1998 - Director of Systems Analysis - Accounting 2000 - Vice President of Marketing Analysis - Finance 2002 - Senior Vice President of Marketing Analysis - Finance

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Subject of Testimony: Profits lost due to Defendant's actions in breaching the

contract and misappropriating the Horizon Program members. 5. Substance of Testimony: Mr. Hilinski will project the gross revenues that would

have been generated by the existing Horizon Program Members that were lost due to Defendant's

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Case 3:02-cv-02237-MRK

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wrongful acts. See, e.g., Trilegiant document 2003064 to 2003097. In calculating those gross revenues, Mr. Hilinski will use the historical attrition rate applicable to the subject population of Horizon Program Members. Mr. Hilinski will then project net revenues by applying the commission rates called for by the contract between the parties. Id. Lastly, Mr. Hilinski will project net profits by applying historical cost data reflecting Trilegiant's cost to service the remaining Horizon Program Members. This twenty-year stream of projected net revenues will then be present valued using a range of discount rates. Alternative projections will also be presented based on five-, ten- and fifteen-year net projected revenue streams. THE PLAINTIFF, TRILEGIANT CORPORATION

By /s/ Karen L. Allison Robert P. Dolian (CT 04278) Karen L. Allison (CT 021849) Cummings & Lockwood LLC Four Stamford Plaza 107 Elm Street Stamford, CT 06902 Tel. (203) 327-1700 Fax (203) 351-4534

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Case 3:02-cv-02237-MRK

Document 45-5

Filed 07/13/2004

Page 4 of 4

CERTIFICATE OF SERVICE This is to certify that on this 22nd day of August, 2003, a copy of the foregoing Plaintiff's Expert Disclosure was served via facismile and first-class U.S. Mail, postage prepaid, on: Steven M. Greenspan, Esq. Brian D. Porch, Jr., Esq. Day, Berry & Howard LLP One Canterbury Green Stamford, CT 06901-2047

/s/ Karen L. Allison Karen L. Allison

.StmLib1:1027239.1 07/12/04

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