NRG filed suit in the United States District Court Southern District of New York seeking to require Exelon to withdraw its pending hostile tender offer, claiming that Exelon harbored a secret intent not to close the exchange offer. Compass Lexecon expert Daniel R. Fischel testified at trial on behalf of Exelon, disputing NRG’s expert’s methodology and conclusions. The Court, after considering the testimony of both experts, cited Professor Fischel’s testimony favorably, and dismissed NRG’s complaint. Vince Warther, David Gross, and Jerry Lumer of Compass Lexecon’s Chicago office assisted in this analysis. We worked with Walter Carlson and Brad Kapnick of Sidley Austin LLP.