Advanced quantitative models can be useful in making more reliable predictions of what will happen, or what should happen. We use these models in certain damage analyses and appraisals. We perform the required complex math, and then simplify the explanations so that a jury can comprehend their importance and veracity.

Representative Projects

  • Created and authenticated a complex statistical/mathematical financial model to assess a cash flow break-even point. Created interactive graphics that demonstrated risks and conclusions, and allowed for immediate calculation of results under different assumptions.
  • Collected and analyzed data to determine catheter demand for a breach of contract case. Estimated appropriate market shares in each end user class of the innovative product. Created a database and performed statistical analyses based on economic demand models for the products to estimate and forecast but-for past and future sales.
  • Specified and estimated binary logit, nested multinomial logit, and probit economic regression models of consumer choice to identify consumer preferences between having surgery performed at surgical centers versus hospitals.
  • Identified the fair market value of a subject agreement based on comparable transactions between the client and other customers using regression analysis. The regression model controlled for other factors reasonably affecting the price, including location, size, and dates of each contract.
  • Analyzed sales and cost figures, and collected data on variables likely to complement products in the production of trucking services to estimate but-for damages using statistical regression techniques.
  • Used Monte-Carlo analysis of historical results to predict the range of likely outcomes of a slate of unreleased feature films.
  • Analyzed expected total contract costs using various accepted “statistical” methods used by the U.S. government and econometric extensions of these accepted methods.
  • Applied linear and non-linear regression methods to estimate lost profits resulting from selective utilization of services by customers in a breach of contract case. Required estimating incremental costs associated with lost volume of services.
  • Performed multiple regression analyses to disaggregate the economic effects of the Gulf War from alleged breaches of contract in determining but-for sales.
  • Determined whether plaintiff benefited from most favored nations clause by econometrically adjusting the price schedule, including volume discounts, given to another customer.
  • In a case involving customer tracking software, the effects of alleged conduct were econometrically separated out from effects caused by general dot-com market problems.
  • In a patent infringement case involving personal computer memory configurations and protocols, analyzed but-for scenarios based on economic demand models by specifying and estimating linear and non-linear regression models. Performed price elasticity calculations to determine past and future lost profits.
  • Used multiple regression analysis to value a patent application in a legal malpractice case. Adjusted for probability of issuance, comparable transactions, international royalty arrangements, and for prospects for US market.
  • In a theft of trade secrets case, performed multiple regression analyses to examine customer selling patterns on a before and after basis and to determine what economic quantifiable effects, the alleged secret information had on product sales of both parties.
  • Performed multiple linear and nonlinear regression analyses to determine a predicted fair market value rate per subscriber in each unique geographic zone.
  • In an alleged wrongful marketing case, performed a “testing population means” statistical test to verify the marketing claim that a manufacturer’s parts perform faster than identified comparables.
  • To assist in class certification, estimated the economic damages under the assumption that the defendant had not engaged in 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, 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 any harm to competition and to consumers using various econometric methods.