Case Descriptions
For a defendant—testified as an expert witness about the custom and practice of software licensing. Client was a major multinational serving as prime contractor on a foreign government contract. Plaintiff was a subcontractor seeking nine figure damages on an infringement claim. Suit settled on terms that the client considered favorable.
For a plaintiff—calculated damages due from a government agency under quasi-contract and takings theories. Client was a major supplier with an ongoing, mission-critical relationship with the agency. Suit settled in the mid-six figures to the satisfaction of the client, and in a manner that preserved the working relationship.
For a defendant—coordinated the economic damage analyses on behalf of an unindicted co-conspirator in a civil antitrust case. Indictments had already led to criminal fines and convictions of other co-conspirators. Jury in civil case found client liable but assessed zero damages.
For a plaintiff—provided antitrust guidance to plaintiffs’ attorneys seeking to develop a major price-fixing case from secret documentary evidence. Later developments eventually established both civil and criminal liability for defendants.
For a defendant—served as key economic advisor to lead litigation counsel in a complex antitrust matter involving client’s entire franchise model. Client was rapidly losing market share to larger competitors who were vertically integrating into client’s market niche. Client was simultaneously engaged in a struggle to restructure its business model, business tort and antitrust litigation with one competitor, and merger negotiations with another competitor. Assistance eventually preserved the franchise model and helped client realign its business for the future.
For a plaintiff—coordinated data intensive analyses relating alcohol consumption and taxation. Client was a distributor challenging state monopoly licenses on the sale of alcohol. Weighed the federal interest in unencumbered markets against a State’s rights and interests in the regulation of alcohol on behalf of a client seeking to change state liquor laws. Courts ruled in favor of client, and found the relevant legislation unconstitutional.
For a defendant—testified about the implication of Bayesian analysis and value of information calculations to consumer purchase decisions in advertising. Client was accused of making insufficiently substantiated claims in its advertising. Investigating agency dropped the matter after little further inquiry.
For a petitioner—integrated software engineering principles and data intensive economic analyses into antitrust arguments forwarded to the European Commission to aid its investigation of anticompetitive behavior in the software industry. Inquiry eventually led to significant penalty assessment based, in part, on the submitted evidence and analysis.
