See also Copeland. 96 Cal. App. 4th at 1263-64 (applying California law); L-7 Designs, Inc. v. Old Navy, LLC, 647 F.3d 419, 431 (2d Cir. N.Y. 2011) (citing Goodstein) (lost profits not available where no agreement is reached). Although the SIGA decision appears to represent the first case in which a state’s highest court has ruled in favor of expectancy damages for breach of a duty to negotiate in good faith, federal courts and lower state courts, including the Delaware Court of Chancery, have found expectancy damages to be appropriate in certain circumstances.