Fulcrum assists with data analysis to help defend or defeat class certification, and testifies on appropriate damages.

Representative Projects

  • In a false advertising and labelling class action matter in the hard liquor market (distilled spirits), determined if a price premium existed associated with the claim the alleged deceptive labelling had wrongly allowed the product at issue to be sold for a higher retail price than its competitors’ products.  Calculated a price premium using point-of-sale data (data that is initially collected by scanners at various retailers).
  • In a false advertising/labelling class action matter regarding a household name brand juice product, determined whether there was a price premium associated with the alleged false labelling.  Calculated the value, if any, of the price premium using point-of-sale data (retail scanned data).
  • On numerous occasions, on employment (wage/hour) class action matters, calculated economic damages associated with companies’ alleged failures to:
    • pay overtime
    • pay timely
    • pay wages upon ending employment
    • provide meal and rest breaks
    • maintain accurate payroll records

Calculated appropriate sample size, accumulated data, created comprehensive database, and analyzed computerized payroll and human resource information to calculate damages and penalties associated with alleged labor code violations.

  • 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).
  • 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.