Fulcrum (i) assists with data analysis to help defend or defeat class certification, (ii) testifies on appropriate damages, and (iii) administers class settlements.

Representative Projects

  • On numerous occasions, calculated restitution damages on consumer class action matters (assuming wrongful conduct) by addressing the difference between the price actually paid by the class, and the legitimate market price obtainable with proper advertising/disclosure.
  • Served as the claims administrator and disbursement officer for a substantial class action settlement fund. Involved auditing claims made by class members, writing checks for approved claims, and reporting to the parties and the Court the payment process.
  • Managed the conversion of survey records for a class action lawsuit to an electronic database format. Developed the database, managed the data entry process, and performed quality control on the survey conversion. In addition, prepared reports and summary information from the electronic survey database.
  • Proved that refunds granted to users on a major telecommunications company’s network were legitimately tied to original calls. Examined accusations of phantom refunds by matching over 4 million refunds to almost 20 million original call records, despite incomplete data. Developed a process to match the records and overcome the various shortcomings in the data.
  • On behalf of a class of purchasers of a publicly traded stock, used advanced econometric methods (e.g., Dickey-Fuller tests) to determine whether the market for the stock shares during the class period reflected and incorporated information – whether or not the stock exchanges were efficient markets for the stock (i.e., tested if the stock followed a “random walk” commonly used as evidence of an efficient underlying market).
  • Performed large scale data collection and analysis for a government agency involved in a class action lawsuit. Assembled trust account information for approximately 300,000 account holders going back over twenty years and identified account holders with multiple aliases in the system to identify the unique class. Reconstructed account transaction history for select individuals going back over one hundred years based on paper records.
  • To assist in class certification, estimated the economic damages under the assumption that the defendant had not engaged in the anti-competitive conduct. Used comparables and applied the Lerner Index to estimate output and market-price effects of the exclusionary conduct. Identified the relevant product market, calculated market shares, estimated marginal cost, and assessed the likely exercise of market power. Results were subjected to multiple econometric sensitivity analyses with regard to assumed or estimated parameters.
  • In a class certification dispute, estimated the economic damages resulting from alleged price discrimination. Applied the Cournot oligopoly model to estimate output and market-price effects of the price discrimination. Identified the relevant product market, calculated market shares, measured marginal cost, and assessed the likely joint exercise of market power. Results were subjected to multiple econometric sensitivity analyses with regard to assumed or estimated parameters.
  • Examined a class of large pharmaceutical manufacturers accused of price discrimination and price fixing of a common contraceptive, analyzed the economics of the industry, defined the relevant market, and assessed harm to competition and consumers using various econometric methods.
  • Assisted counsel in a class action lawsuit and criminal investigation of an international public accounting firm. Provided analysis, developed case strategy, prepared audit team witnesses for deposition and assisted with expert witness analysis.
  • On several occasions, accumulated data, prepared comprehensive databases, and analyzed computerized payroll and human resource information. Provided information and preformed sensitivity analyses regarding the likely volume of activity that is the subject of employment class action allegations.