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Forensic Economics Expert Witnesses

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Kevin M. Reopel, FSA, MAAA
35 Rugby Rd.
Feeding Hills MA 01030
USA
phone: 413-786-7925
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Kevin M. Reopel, FSA, MAAA, is an Actuarial Consultant with broad expertise both in the life insurance business and in assessing the economic value of future cash flows. Through Actuarial Litigation Consulting, this expertise is used to assess economic losses in tort cases for attorneys and to assess the terms and benefits of insurance and annuity contracts.

Mr. Reopel has worked for major life insurance companies such as Massachusetts Mutual Life Insurance Company and the Hartford Life Insurance Company. Throughout his career, he has worked extensively with insurance company attorneys and underwriters, and with state insurance department attorneys, actuaries and other regulators.

Litigation Support - Kevin Reopel provides impartial, credible assessment of Economic Loss/ Economic Damages for litigating attorneys (both plaintiff and defense), judges, estate planning attorneys, and trust departments. He also provides expert analysis of the features and benefits of in-force insurance policies for individual clients and their attorneys.

Mr. Reopel's professional services, as consultant or expert witness, are provided in both state and federal trial settings. They include preliminary review and evaluation of economic loss, pre-trial discovery, assessment of economic los, reports and affidavits, depositions, and trial testimony.

Areas of Expertise:
  • Actuary - Actuarial
  • Economic Consulting
  • Economic Damages
  • Forensic Economics
  • Insurance - Health / HMO / Disability
  • Insurance - Life & Annuities
  • Actuarial Assessment of Economic Losses For:
    • Personal Injury
    • Wrongful Death
    • Employment Termination
  • Asset Allocation from Divorce
  • Structured Settlements
  • Trust valuation
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    Norman Katz
    Managing Partner
    18881 Von Karman, Suite 1175
    Irvine CA 92612
    USA
    phone: 949-263-8700
    fax: 949-263-0770
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    MCS Associates is a nationally recognized consulting group that has provided financial, operations and regulatory/compliance consulting services nationwide to financial institutions, insurance companies and regulatory agencies as well as real estate and financial services organizations for over 30 years.

    Expert Witness and Litigation Consulting are a primary focus of our services. We undertake expert witness assignments throughout the United States and our clients include several hundred leading law firms around the country, working on behalf of both plaintiff and defendant financial institutions, borrowers, depositors, investors, developers, insurance companies and their insured, securities/insurance/real estate brokers/agents, regulators and government agencies, and individuals.

    Together with MCS Associates’ specialized resources in banking, financial services and real estate, we also draw on key strategic alliances in insurance, economics, academia and the securities industry to meet a wide range of expert witness needs. Our litigation experts include experienced bankers, lenders, consultants, regulators, managers, brokers & agents in insurance, real estate, and securities; insurance claims and underwriting managers; economists, accountants, appraisers, real estate analysts, and academics.

    Areas of Expertise Include:
  • Banking Operations/Administration
  • Check Fraud
  • Lending Policies, Custom and Practice
  • Loan Underwriting & Credit Administration
  • Sub Prime Loan Originations, Underwriting, Securitizations & Servicing
  • Bankruptcy, Foreclosures and Workouts
  • Trust & Fiduciary Issues / Operations
  • Securities Brokerage & Investments
  • Valuations & Damages Analysis
  • Forensic Accounting
  • Employment / Compensation
  • Real Estate Brokerage & Management
  • Title Insurance & Escrow
  • Real Estate Appraisal & Transactions
  • Insurance Industry Custom & Practice
  • Insurance Coverages / Claims Handling
  • Insurance Bad Faith
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    Dr. Gary Albrecht, PhD
    1817 Georgia Ave.
    Winston-Salem NC 27104
    USA
    phone: 336-727-9435
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    Gary AlbrechtDr. Gary R. Albrecht has more than 25 years of experience specializing in Economic Forecasting and Forensic Economics. The Director of Econometric Modeling at the University of Kansas, his research has been published in the Journal of Forensic Economics, Journal of Legal Economics, Trial Briefs, and The Earnings Analyst.

    Dr. Albrecht was elected by his peers to be a Vice President and to serve on the Board of Directors of the National Association of Forensic Economists. He also serves as a referee for the Journal of Forensic Economics and the Journal of Legal Economics.

    Dr. Albrecht provides litigation support services to attorneys for both Plaintiff and Defense for cases concerning damages resulting from Wrongful Death, Personal Injury, and Breach of Contract. Qualified in numerous State and Federal venues, he has been deposed and or testified approximately 50 times in the last four years.

    Areas of Expertise:
    • Economic Damages
    • Expected Wage Loss
    • Business Valuation
    • Lost Profits
  • Discrimination Analysis
  • Equitable Distribution
  • Intellectual Property
  • Antitrust
  • Dr. Albrecht is a Member of the American Academy of Economic and Financial Experts, the American Economic Association, and the National Association of Forensic Economics.

    View Dr. Albrecht's Consulting Profile.
    6/18/2014 · Economics
    The first step in estimating the value of life is, generally, to estimate the tradeoff individuals are willing to make between the risk of death and compensation. In wage-risk studies the estimate of the trade-off takes the form of a slope coefficient on the risk of death variable from regression analysis. The estimated slope coefficient is then used to estimate the value of life. This paper addresses two separate but related issues that affect the calculated value of life. One issue is how the estimate of the slope coefficient may vary depending on the base amount of risk in the observations used for its estimate. This issue is addressed by determining the shape of the indifference curve between compensation and the risk of death. The other issue is the definition of the value of life. Two proofs are presented. One proof shows that the calculated value of life will vary according to the base amount of risk involved in the study. The other shows how the calculated value varies according to how the value of life is defined. An economist who uses the value of life studies should be aware of these influences.

    4/14/2014 · Economics
    The contention of this article is that the appropriate discount rate is one which counterbalances the uncertainties associated with projecting future losses. Such uncertainty is defined, herein, as risk. Parity in risk must be maintained between projected losses and the discount rate. A risk-free rate of interest is an appropriate discount rate only when applied to projected losses which are, themselves, risk-free. As elements of uncertainty, or speculation, enter into the projection of future losses, either those elements must be removed from the analysis or the discount rate must be increased commensurately to maintain parity in risk. To do otherwise would yield an award which overcompensates the plaintiff (p. 33).

    3/11/2014 · Economics
    In "The Valuation of a Closely Held Firm: Difference in Expert Opinion," (JFE, 1988) Carl M. Hubbard and Darryl G. Waldron present the results of a survey in which the respondents were asked to place a value on a non-publicly traded firm. The authors classified the responses into four categories: the net asset valuation (NA V) approach; the discounted cash flow (DCF) approach; the earnings multiple (EM) approach; and the capitalized earnings (CE) approach. As the title of their paper states, there were differences of opinion among the respondents.

    2/5/2014 · Economics
    This article is one in a series of articles in the Journal of Forensic Economics detailing the different and the common methods for assessing economic damages in the various states. In this article we discuss the legal framework by which economic damages are computed in personal injury (PI) and wrongful death (WD) cases in the state courts of North Carolina. Section II presents the legal framework for these torts; Section III discusses the calculation of damages in Wrongful Death torts, while Section IV deals with Personal Injury torts where they differ from Wrongful Death.

    1/6/2014 · Economics
    In litigation involving wrongful death, personal injury and breach of employment contracts, forecasting the wage rate is often a necessary step when calculating damages. Forecasted future changes in the wage rate are generally attributed to two components, forecasted changes in the productivity of labor and inflation.l The theoretical reason for making the wage rate a function of productivity and inflation stems from the neoclassical proposition that the wage rate is equal to the product of the marginal productivity of labor and the price of the output received by the manufacturer.

    11/27/2013 · Economics
    Federal and state legal systems rely upon the reasoning of judges and juries to ascertain what is just compensation for personal injury as result of a tort. There are no precise rules to follow in determining damages. Jurists consider the plaintiffs' own itemization of damage, but they also use their own reasoning and the guidance of the law and testimony of forensic economists. Likewise, each forensic economist uses his or her reasoning, legal parameters, and economic training in determining just compensation.

    In a recent article Havrilesky (1993) argues against applying the hedonic damages concept to wrongful death and injury cases. The purpose of this paper is to critique his arguments. An examination of each of the seven points shows that none are appropriate. This analysis follows the same order and is under the same headings as Havrilesky's analysis. The conclusion section is added to summarize the paper.

    10/2/2013 · Economics
    In litigation involving personal injury, wrongful death, job discrimination, and breach of employment contracts, questions concerning the estimates of future earnings and the choice of an appropriate discount rate arise. We address the question of whether, in order to estimate the growth of future earnings and then to discount future earnings, it is necessary to forecast the inflation rate.

    12/5/2013
    "Esteemed Experts.com member, Gary R. Albrecht is a Forensic Economist with over 25 years of experience specializing in Economic Forecasting and Damages. Principal at Albrecht Economics, Inc., he provides Expert Witness and Consulting services to attorneys, insurance companies, and other professionals. "
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    Ronald T. Smolarski
    MA, CLCP, CEA, CRC, LPC, CCM, CVE, CRV, CDEII
    114 Felch St.
    Ann Arbor MI 48103
    USA
    phone: 800-821-8463
    fax: 734-665-2584
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    Ronald Smolarski Vocational Rehabilitation Expert PhotoRonald T. Smolarski has 38 years of experience in the field of Rehabilitation and Economics. For Personal Injury and other related cases, Mr. Smolarski, specializes in Catastrophic & Pediatric Care, is qualified in the courts to provide expert testimony in several areas, including:
    • Life Care Planning (Future Medical)
    • Forensic Economist (Economic Loss / Lost Income / Loss of Earning Capacity / Present & Future Value)
    • Vocational Expert (Vocational Testing of Worker Traits)
    • Functional Capacity Evaluations (Upper & Lower Extremity)
    • Wrongful Death
    • Medical Projections
    Litigation Support - Ronald Smolarski is highly experienced in cases involving personal injury, medical malpractice, and trusts. He has participated in hundreds of trials and depositions as an Expert Witness in District, Circuit, and Federal Court. His services are available to attorneys representing both Plaintiff and Defense.

    View Ronald Smolarski's Consulting Profile.
    4/28/2015 · Life Expectancy
    THIS ARTICLE DESCRIBES HOW Life Care Planners can help trust officers, relationship managers, estate planners and attorneys determine the future monetary requirements, in actual dollars, of a catastrophically disabled, pediatric or geriatric client. This can be done through the creation of a Life Care Plan for that individual's lifetime. Case histories are used to demonstrate how LCPs address the complex needs of such clients. The article concludes with a discussion of the ways in which the discipline of Life Care Planning complements the expertise of the trust officer.

    3/26/2015 · Life Expectancy
    How funds are handled after the settlement of a case reflects the competency and knowledge of attorneys and recognizes their outstanding legal skills. This article focuses on the management of settlement proceeds and the maintenance aspect of the care of a client with a disability when that client's financial health is turned over to a trust attorney, relationship manager, financial planner, trust officer or estate planner.

    2/24/2015 · Damages
    How do you determine what care and how much money a chronically or catastrophically disabled individual will need for the rest of his or her life? Some attorneys representing either the plaintiff or the defendant in such cases are now getting the expert help they need from specially trained rehabilitation consultants called "life care planners".

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    James Christopoulos, JD, MA
    575 Anton Blvd
    Costa Mesa CA 92626
    USA
    phone: 714-442-8561
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    Christopoulos Economics Consulting Group is a full-service expert witness firm, providing highly capable and professional analyses, reports, tables, charts, and credible testimony on Economic Damages and related issues for attorneys throughout California.

    By specializing in litigation economics, Christopoulos Economics Consulting Group provides Forensic Analysis and Auditing, Economic Damage Analyses, Statistical Research, and Economic Loss Reports. They have the experience necessary to provide testimonies and produce reports which summarize and present opinions and conclusions in a manner that is clear and easily understood. They are consistently retained by both plaintiff and defense attorneys and are well versed in the calculation of present value past and future economic damages, including the calculation of future medical care costs.

    James Christopoulos, JD, MA, the founder of Christopoulos Economics Consulting Group, is an Economist and a Lawyer. His comprehension of complex legal issues combined with his many years of experience as an economist provides his clients with a unique set of abilities when calculating economic losses and communicating those opinions to both judge and jury.

    Mr. Christopoulos has testified as an expert witness economist in state and federal courts along with arbitrations, mediations, and depositions and has prepared and presented economic loss calculations for well over 1,000 cases.

    Areas of Litigation Expertise:
    • Personal Injury
    • Wrongful Death
    • Medical Malpractice
    • Product Liability
    • Tort Actions
    • FELA Cases
    • Minor, Multiple Plaintiffs
    • Breach of Contract
    • Unjust Enrichment
    • Interference
    • Interruption
    • Breach of Fiduciary Duty
    • Forensic Analysis and Audit
  • Employment Discrimination
  • Wrongful Termination
  • Failure to Promote
  • Wage & Hour
  • Pay Equity
  • Class Actions
  • Income Loss
  • Health Benefits Loss
  • Pension, Retirement Benefits Loss
  • Wage Loss Differential
  • Forensic Analysis
  • Statistical Analysis of Data, Trends
  • Present Value Calculations
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    Prof. J. Gregory Sidak
    1717 K Street, NW
    Washington DC 20006
    USA
    phone: 202-518-5121
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    Gregory Sidak Antitrust Economics ExpertJ. Gregory Sidak is an Expert Economist in the fields of Damages, Antitrust, Patent, Telecommunications Regulation, Commercial and Investment Arbitration, and Intellectual Property Law. Prof. Sidak is Chairman of Criterion Economics, L.L.C. in Washington, D.C. The focus of his research has been regulation of network industries, antitrust policy, the Internet and electronic commerce, intellectual property, and constitutional law issues concerning economic regulation.

    Prof. Sidak formerly served as Deputy General Counsel of the Federal Communications Commission and as Senior Counsel and Economist to the Council of Economic Advisers in the Executive Office of the President. His writings have been cited by the Supreme Court of the United States, the U.S. Court of Appeals for the D.C. Circuit, and lower state supreme courts. He has also been cited by the Supreme Court of Canada, the European Commission, the Federal Trade Commission, and other regulatory agencies.

    In a typical engagement, Gregory Sidak assists senior management and outside counsel in devising and executing a litigation or regulatory strategy for addressing a consequential challenge or opportunity. Although he also serves as a court-appointed neutral expert, his typical clients are Fortune 500 companies or their overseas counterparts. Prof. Sidak's comparative advantage is applying economic analysis to novel legal questions that can materially affect the company’s enterprise value. He excels at communicating to legal decision makers the relevance of that economic analysis to answering the pertinent legal questions.

    Areas of Expertise:
    • Damages and Valuation - Trade Secrets, Trademark, Trade Dress, Copyright Infringement, False Advertising, Licensing (Know-How), Patents
    • Technology Disputes
    • Claims of Monopolization Antitrust & Unfair Competition
    • Administrative Proceedings
    • Price-Fixing & Dominance Allegations
    • Trade & Distribution Agreements
    • Competition Regulation and Enforcement in the US and EU
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    6/17/2015 · Telecommunication
    Regulators in many countries have asserted that setting asymmetric mobile termination rates (MTRs) between the incumbent mobile telephony operator and its smaller rivals is an efficacious means by which to help entrants attain efficient scale. We investigate empirically the efficacy of this policy experiment using data from a global sample of 34 countries from 1996 through 2014. We estimate a model that relates operators' long-run market shares to initial entry conditions and the degree of asymmetry among MTRs using an instrumental variables (IV) strategy. The estimates imply that a high degree of asymmetry among MTRs lowers an entrant's long-run market share by roughly 4 percentage points compared with a regime of symmetric MTRs, and the effect is roughly constant across market penetration levels. Furthermore, mobile operators tend to perform better when entering markets with higher levels of concentration and lower levels of market penetration. Our novel findings cast doubt on the efficacy of imposing asymmetric MTRs as a means to achieve greater equality of competitive outcomes. Our findings inform the larger body of theoretical literature on the pricing of interconnection and network access.

    5/18/2015 · Patents
    Under what conditions may the holder of standard-essential patents (SEPs) seek to enjoin an infringing implementer without breaching the SEP holder's contract with the standard-setting organization (SSO) to provide access to those SEPs on fair, reasonable, and nondiscriminatory (FRAND) terms? I show that the SEP holder's contractual obligations still permit it to seek an injunction. A FRAND commitment requires the SEP holder to offer a license for the SEPs on FRAND terms (or otherwise to grant implementers access to the SEPs). Extending an offer containing a price within the FRAND range discharges the SEP holder's contractual obligation.

    4/17/2015 · Telecommunication
    In 2005, Ofcom, then telecommunications regulator in the United Kingdom, implemented functional separation of British Telecom plc (BT), separating its wholesale and retail services. BT established a division within the company, Openreach, to provide equal access to its local access network and backhaul products. The tenth anniversary of this regulatory and corporate experiment is an appropriate moment to ask whether functionally separating Openreach from BT benefited consumers. We find that Openreach's creation generated short-run consumer benefits in the form of lower prices but also led to negative long-run effects, which outweighed the short-term price reduction.

    3/18/2015 · Insurance
    Google distributes proprietary applications for its open-source Android mobile operating system (OS) free of charge. Some of those applications (apps) are offered together as a suite of apps known as Google Mobile Services (GMS). Manufacturers of mobile devices can agree, pursuant to Google's Mobile Application Distribution Agreement (MADA), to install the suite of apps on their devices at a price of zero. Some theorize that Google's policy of offering some applications together as a suite of apps harms competitors or menaces consumer welfare.

    2/10/2015 · Patents
    Mark Lemley and Carl Shapiro propose that standard-setting organizations (SSOs) mandate that their members henceforth submit to binding, final-offer arbitration (commonly called "baseball arbitration") to set fair, reasonable, and nondiscriminatory (FRAND) royalties in licensing disputes concerning standard-essential patents (SEPs). SSOs should reject this proposal. It does not rest on sufficient facts or data, nor does it apply intellectually rigorous principles and methods of law and economics in a reliable manner. This is not to say that the voluntary use of arbitration to resolve FRAND licensing disputes is inherently problematic. However, the incremental efficiency that Lemley and Shapiro claim that their proposal would achieve over litigation or conventional commercial arbitration is illusory. For one, it is much harder to value a portfolio of SEPs over the span of five years than to value an individual baseball player for a single season.

    1/8/2015 · Patents
    What does it mean for a patent holder to commit to a standard-setting organization (SSO) to license its standard-essential patents (SEPs) on fair, reasonable, and nondiscriminatory (FRAND) terms? When is a royalty FRAND? Drawing from both legal theory and economic theory, I propose an interpretation of FRAND that distinguishes and reconciles the conflicting definitions of FRANDand provides courts a practical approach to identifying FRAND royalties

    12/4/2014 · Economics
    Complex civil litigation routinely includes expert economic testimony. However, determining which expert economist is more credible may confound a lay jury. It may even confound the judge when ruling on the admissibility of expert economic testimony during the Daubert hearing.1 One solution rarely employed is for the court to appoint its own neutral economic expert under Rule 706 of the Federal Rules of Evidence2 when a lawsuit contains a claim for damages that will require rigorous analysis of data. Based on my recent experience as Judge Richard Posner's court-appointed neutral economic expert on damages in patent infringement litigation, I explain in this article how the wider use of Rule 706 would assist the judge and jury and would facilitate the prompt settlement of intellectual property, antitrust, securities, contract, business tort, and other complex disputes.3 The benefits to courts and litigants would surely exceed the costs.

    9/23/2014 · Telecommunication
    As part of the Modification of Final Judgment (MFJ) that implemented the divestiture of the Bell operating companies (BOCs) from AT&T on January 1, 1984, the BOCs were forbidden to carry telephone calls from one local access and transport area LATA) to another. Although the Telecommunications Act of 1996 superseded the MFJ, it retained the BOCs' interLATA prohibition and established, in section 271, a process – involving each state public utilities commission, the Federal Communications Commission (FCC), and the Department of Justice (DOJ), acting on a state-by-state basis – by which the BOCs could earn regulatory approval to enter the interLATA market within the regions in which they provide local exchange service. As of September 1, 2002, the BOCs had received section 271 authorizations to provide in-region interLATA service in fifteen states.

    8/19/2014 · Antitrust
    A recent phenomenon in competition policy is the acquisition of a private firm by an enterprise that is either wholly owned by government or in the midst of privatization. Such an acquisition poses the question of how public ownership may alter the incentives of a firm to engage in anticompetitive conduct. It also prompts one to examine the process by which such altered incentives revert, as the level of government ownership declines, to the same incentives that face purely private firms. Using Deutsche Telekom's acquisition of VoiceStream Wireless as a case study, this article presents the economic questions relevant to evaluating the competitive consequences of acquisitions by partially privatized firms. It predicts gains or losses to various constituencies of producer groups.

    7/15/2014 · Antitrust
    In this review of John Lott's book, Are Predatory Commitments Credible?: Who Should the Courts Believe?, we find that Lott is more successful in pointing out the likelihood of predatory pricing by public enterprises than in proving that predatory pricing by private enterprises does not occur. In Part I of this Review, we critique Lott's theoretical and empirical attempts to show that predatory pricing by private firms is implausible.

    6/6/2014 · Economics
    Mail delivery is one of the few economic activities that has avoided the wave of deregulation and privatization that has swept network industries over the last few decades. This Article examines several questions regarding the business activities of Canada Post Corporation in a competitive environment. What should be the appropriate mandate of Canada Post? If Canada Post is a natural monopoly, what form of regulation best serves Canadian consumers? If Canada Post's delivery of letter mail is not a natural monopoly, what basis exists for retaining Canada Post's current statutory monopoly? What potential exists for Canada Post to abuse its statutory monopoly-and other statutory privileges and immunities-to compete unfairly against efficient private suppliers of postal services?

    5/1/2014 · Economics
    Few phrases in public policy have become so overused so quickly as the information highway. Although it is unclear to many what that superhighway is or will be, this uncertainty has not prevented proposals to regulate the superhighway from being made. In this Article, we examine the economic principles that should govern competition and regulatory policies concerning the development and operation of the information superhighway.

    3/28/2014 · Antitrust
    Since 1975, when the debate over monopolistic predation began to boil in courts and universities, most discussion has focused on predatory pricing. And although the allegation of predatory innovation arose in some well-known litigation involving Kodak and IBM, lawyers and economists have produced little credible work explaining how this phenomenon can occur, let alone how it should be identified and remedied if deemed to threaten consumer welfare.

    2/19/2014 · Antitrust
    Antitrust law currently lacks a unified theory of liability and damages. But the Supreme Court's recent acceptance of consumer welfare as the goal of antitrust law underscores a growing judicial inclination to construe antitrust liability rules to encourage efficient production and efficient resource allocation. As the Court reconstructs the law of antitrust liability, it should also revise the law of antitrust damages by defining the rights created by those damage measures to accomplish specific economic goals.

    1/21/2014 · Antitrust
    A routine defensive tactic of targets of hostile tender offers is to seek a preliminary injunction under section 16 of the Clayton Act on the ground that the offeror's acquisition of the target's stock would effect a merger violating section 7 of the Act. The litigation costs that an antitrust injunction imposes on an offeror seems unlikely to exceed the offeror's risk-adjusted expected benefit from the takeover. In this Article, I discuss several reasons why the possibility of delay tendes to discourage a potential offeror from ever making a tender offer.

    12/13/2013 · Antitrust
    Through its antitrust enforcement system, society allocates resources to deter anticompetitive behavior. Antitrust enforcement is costly because prosecutors and judges mischaracterize some competitive or efficiency-enhancing behavior as horizontal collusion. In this early application of the Polinsky-Shavell argument about the tradeoff between the probability and magnitude of fines, this essay argues that, given prosecutorial and judicial error, society will not optimally allocate its antitrust enforcement resources by threatening price fixers with exorbitant economic penalties that have only a minimal probability of being enforced.

    11/11/2013 · Antitrust
    Current controversies over patent policy place standard-setting organizations (SSOs) on a collision course with antitrust law. Recent theoretical research conjectures that, in an SSO, patent owners can "hold up" patent users in the sense of demanding high royalties for a patented input after the SSO has adopted the patented technology as an industry standard and manufacturers within the SSO have incurred sunk costs to design end products that incorporate that standard.

    9/23/2013 · Antitrust
    We examine the consumer-welfare implications of Google's project to scan a large proportion of the world's books into digital form and to make these works accessible to consumers through Google Book Search (GBS). In response to a class action alleging copyright infringement, Google has agreed to a settlement with the plaintiffs, which include the Authors Guild and the Association of American Publishers.

    8/19/2013 · Antitrust
    We favor revision of the Horizontal Merger Guidelines.1 Our preliminary comments in this essay are based on a work in progress that we provisionally entitle, "Favoring Dynamic Competition over Static Competition."

    7/31/2013 · Antitrust
    Competition authorities in foreign jurisdictions have recently adopted or are considering guidelines on applying competition law to intellectual property rights (IPR). A common concern that certain exercises of IPR can restrict competition underlies IPR provisions that would enable competition authorities to compel holders of IPR to license their IP at regulated royalties.

    7/16/2013 · Antitrust
    The OECD's proposed regime of asymmetric ex ante regulation for Mexico's telecommunications marketplace would reduce competition, contrary to the OECD's aims. The OECD's proposals would harm Mexican consumers and force an increase in prices paid for telecommunications services. They would create a government-sanctioned price cartel among the telecommunications providers.

    6/24/2013 · Antitrust
    A recent phenomenon in competition policy is the acquisition of a private firm by an enterprise that is either wholly owned by government or in the midst of privatization.

    6/5/2013 · Antitrust
    agencies in the United States and the European Union began investigating Google's search practices in 2010. Google's critics have consisted mainly of its competitors, particularly Microsoft, Yelp, TripAdvisor, and other search engines.

    5/6/2013 · Antitrust
    The landmark Microsoft case raises challenging questions concerning antitrust remedies. In this Article, we propose a framework for assessing the costs and benefits of different remedies, particularly divestiture, in monopolization cases involving network industries.

    4/2/2013 · Antitrust
    What is the proper legal standard for product integration involving software? Because software is subject to low marginal costs, network effects, and rapid technological innovation, the Supreme Court's existing antitrust rules on tying arrangements, which evolved from industries not possessing such characteristics, are inappropriate.

    2/28/2013 · Antitrust
    A “price squeeze,” or “margin squeeze,” is a theory of antitrust liability under section 2 of the Sherman Act that concerns a vertically integrated monopolist that sells its upstream bottleneck input to firms that compete with the monopolist’s production of a downstream product sold to end users.

    The Telecommunications Act of 1996 sets forth extensive provisions to unbundle the local telecommunications network to encourage the development of a competitive market for local telephone.

    10/22/2012 · Antitrust
    The September 2009 announcement that the Federal Trade Commission and the Antitrust Division of the U.S. Department of Justice have initiated a review of the Horizontal Merger Guidelines provides a formal process for redefining the proper role of dynamic competition in antitrust law.

    J. Gregory Sidak, Dan Maldoom, Richard A.D. Marsden, Hal J. Singer
    The Brussels Round Table, a forum of leading EU telecommunications operators and equipment manufacturers, commissioned these articles. They examine the deployment of broadband in European countries and make policy recommendations related to telecommunications regulation. Specific topics include pricing flexibility, competition, growth potential, likely future dynamics, competition, investment opportunities, eliminating excess regulation, facilitating longer-term points of view, and suggestions for transparent and competition-neutral subsidies.
    J. Gregory Sidak
    This book addresses deregulatory policies that threaten to reduce or destroy the value of private property in network industries without any accompanying payment of just compensation, policies that are termed "deregulatory takings." The authors further consider the problem of renegotiation of the regulatory contract, which changes the terms and conditions of operation of utility companies.
    J. Gregory Sidak
    Restrictions on foreign investment in U.S. telecommunications firms have harmed the interests of American consumers and investors, argues J. Gregory Sidak in this convincing study. Sidak shows why these restrictions, originally intended to protect America from the perils of wireless telegraphy by foreign agents, should be repealed...
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    Dr. Edmund H. Mantell
    Economist and Expert Witness
    5 Carthage Lane
    Scarsdale NY 10583
    USA
    phone: 914-725-4882
    fax: 914-722-4147
    Dr. Edmund H. Mantell, Ph.D. is a Consulting Economist and Expert Witness who has been engaged by both Plaintiffs and Defendants. His services are provided rapidly and efficiently.

    Services:
  • Calculations of the loss of earnings and the loss of fringe benefits in personal injury or wrongful death cases
  • Projections of the costs of future care for seriously disabled persons; therapeutic modalities, pharmaceuticals, custodial care, treatment by physicians

    Areas of Expertise:
  • Case Review
  • Forensic Economics
  • Wrongful Death
  • Personal Injury
  • Lost Earnings
  • Securities Experts
  • Spousal Evaluation
  • Economic Damages
  • Calculation of Loss

  • Antitrust
  • Financial Damages
  • Intellectual Property
  • Infringement Damages
  • Disability & Loss of Income
  • Cost of Future Care
  • Trial Exhibit Preparation
  • Analysis of Reports
  • Structured Settlements
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    Edward M. Foster, PhD
    4754 Fremont Ave. South
    Minneapolis MN 55419-5207
    USA
    phone: 612-418-5246
    fax: 612-823-6236
    Edward-Foster-Economics-Expert-Photo.jpg
    Edward M. Foster, PhD, is a Forensic Economics Expert with over 40 years of experience. Dr. Foster received his PhD in economics from MIT in 1961. He is professor emeritus and past chairman, Department of Economics, University of Minnesota, where he taught from 1961 to 2008 and held several other administrative positions. He has been a consultant in forensic economics since the late 1960s.

    Dr. Foster has analyzed cases related to individual plaintiffs and to class actions for plaintiff and defendant, the U. S. Attorney’s office (Minneapolis), and the Minnesota Attorney General's office. Much of his consulting for the government was also concerned with valuing costs and benefits from government investment projects, including those in health and safety that require the valuation of human lives, and those that require evaluation of corporate investment opportunities. Much of his teaching, research, and research carried out under his supervision by graduate students has been in this same area of cost-benefit analysis.

    Litigation Support - Dr. Foster specializes in Loss Analysis in civil litigation. He advises both plaintiff and defense attorneys on cases involving Personal Injury / Wrongful Death, Employment Disputes, and Lost Business Profits cases.

    Dr. Foster has provided approximately 2,000 independent reports and evaluation of opposing experts' reports in the past 40 years, and testified often in Federal and State courts (AK, IA, MN, OH, ND, NV, SD, WI).
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    Dr. Leonard R. Freifelder
    360 Lexington Ave., 164 Floor
    New York NY 10017
    USA
    phone: 212-521-8100
    fax: 212-581-8958
    Leonard R. Freifelder earned his Doctorate and Master's degrees in Operations Research and Statistics from the University of Pennsylvania. His Bachelor’s degree is from The Wharton School of Business at the University of Pennsylvania, where he majored in Actuarial Science. Dr. Freifelder also is an Associate of the Society of Actuaries. His work experience includes private, public, and academic positions in the insurance industry and related fields.

    Dr. Freifelder is experienced in the application of Economic Models and Statistical Analysis in various types of litigation. He has been qualified as an expert in federal court and in state court in Connecticut, New Jersey, and New York and has been invited to speak about economic analysis in litigation by various legal groups in the metropolitan New York area.

    Dr. Freifelder has particular expertise in applying economic analysis, statistical techniques, and actuarial science methods to matters involving insurance and risk.
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    David E. Nolte
    888 S. Figueroa Street, Suite 2000
    Los Angeles CA 90017
    USA
    phone: 213-787-4100
    fax: 213-891-1300
    Our analysis and research combined with unique presentation techniques have resulted in an unequaled track record in successful court cases and client recoveries. Our personnel are full time and fully focused on the services we provide. We thoughtfully incorporate technology into our work to provide great results at a more reasonable cost. Our expertise encompasses damages analysis, lost profit studies, business & intangible asset valuations, fraud investigations, statistics, forensic economic analysis royalty audits, strategic & market assessments, competitive surveys, personal injury and employment damages, and a wide range of other financial advisory services. We serve the entire nation.
    8/12/2015 · Accounting
    The US Court of Appeals for the Ninth Circuit has opened the door significantly wider for those who wish to pursue qui tam False Claims Act suits by reversing a dismissal of two such matters. Ruling en banc in United States ex rel. Hartpence v. Kinetic Concepts, Inc., the Ninth Circuit has removed a prior restriction that any prior public disclosure must have originated from the whistleblower as well.

    A recent case addressed the interesting question of whether a corporation could serve as an expert witness. The matter involved a breach of fiduciary duty case coordinated with an appraisal proceeding, in re Dole Food Company ("Dole"). The defendants designated Stifel, Nicolaus & Company, Incorporated ("Stifel"), a corporation, to serve as their expert witness regarding the value of Dole.

    2/13/2015 · Patents
    Royalty arrangements within patent licenses have long been constrained by an almost 50 year old Supreme Court decision in Brulotte v. Thys Co that prevents collection of royalties after a patent has expired. The Justices have now agreed to revisit the precedent set by that often-criticized ruling in a current case, Kimble v. Marvel Enterprises, Inc.

    8/16/2014 · Accounting
    In a recent case involving the City of Pomona ("Pomona") v. SQM North America Corporation ("SQM"), Pomona alleged that SQM's importation of sodium nitrate for fertilizer caused a perchlorate contamination in the city. Although the district court excluded under Daubert the expert testimony of Pomona's expert witness on causation, the Ninth Circuit reversed the ruling, stating that "facts casting doubt on the credibility of an expert witness and contested facts regarding the strength of a particular scientific method are questions reserved for the fact finder". The case was remanded for trial.

    7/16/2014 · Accounting
    In association with general cost cutting measures over recent years, many companies have pressured their vendors to reduce fees. This downward pressure has extended to the accounting firms hired to provide independent audit opinions, resulting in a significant drop in audit fees. According to Audit Analytics, audit fees in 2012 were $472 per $1 million of revenue, the lowest amount since 2004. The question is whether audit quality has been sacrificed in order to achieve these reductions.

    4/24/2014 · Damages
    The Eastern District of Texas is well known for its intense patent activity and already provides early disclosure of infringement and invalidity contentions to facilitate faster resolution of these cases. The Court has now taken similar action by providing an option for accelerated damage discovery, including requiring a two week turnaround between defendant's production of potentially infringing sales data and plaintiff's good faith estimate of damages. Accomplishing this will require expert assistance immediately in the process. Even for cases that do not settle, this damage estimate will inform the Court's discovery decisions and resource allocations.

    2/7/2014 · Surveys
    In the course of affirming the district court's decision in Kraft Foods Group Brands LLC v. Cracker Barrel Old Country Store, Inc., 2013 WL 6017396, Judge Posner went a step further. While upholding the injunction, he ended his assessment with some comments "for future reference" when it comes to consumer surveys offered to demonstrate consumer confusion in support of a trademark infringement claim:

    A recently affirmed decision to grant judgment for the defendant as a matter of law highlights the importance of expert testimony that is consistent with previously-disclosed opinions presented in a Rule 26 report. In Rembrandt Vision Technologies, Inc. v. Johnson & Johnson Vision Care, Inc., the expert's testimony was struck because of critical discrepancies, leaving the plaintiff with no basis for claimed patent infringement.

    9/19/2013 · Legal Issues
    The decision in United States vs. Windsor (No. 12-301, June 26, 2013) by the U.S. Supreme Court (SCOTUS) to strike down Section 3 of the Defense of Marriage Act (DOMA) creates important tax issues and opportunities. These include potential refunds for same-sex married couples and their employers for years not closed by the statute of limitations.

    7/10/2013 · Damages
    A Delaware federal court recently closed the door on each of two possible paths to damages for Plaintiff in the matter of AVM Technologies, LLC v. Intel, Inc. (Civil Action No. 10-610-RGA). U.S. District Judge Richard G. Andrews granted Defendant's motion to exclude Plaintiff's expert, while also granting Defendant's motion in limine to preclude any proposed expert testimony from the inventor of the patent in question.

    6/18/2013 · Damages
    Lost compensation is a method of capturing economic damages in personal injury, medical Malpractice, wrongful termination, failure to promote and other similar torts.

    5/21/2013 · Damages
    In a unanimous opinion, the California Supreme Court clarified that trial courts may use either California Evidence Code Sections 801(b) or 802 to admit or exclude the expert's testimony.

    Electronic data comprises a large portion of discovery and provides efficiencies in searching and manipulating the data for further analysis.

    3/11/2013 · Damages
    Plaintiffs often desire short cuts to damage measurements. Given the cost of using experts employing proper methods and data, the temptation is obvious.

    1/22/2013 · Damages
    In re: Apple vs. Motorola, the parties sued each other for patent infringement involving smartphones. Seventh Circuit Judge Richard Posner, sitting by designation, threw out all damage witnesses for both parties on Daubert motions. Then, since both parties lacked damages testimony, he dismissed both cases with prejudice.

    An extraordinary amount of time is incurred in discovery asking for records that may not even exist, or asking for records that do exist, but the other side declines to produce records that were not requested using just the right terms.

    8/27/2012 · Expert Witnessing
    The following suggestions result from my experience serving as a witness, watching hundreds of other expert witnesses, and locating witnesses when servings as a confidential consultant. They are intended to help attorneys avoid common mistakes in selecting an expert witness.

    Appraisal disciplines have a confusing array of credentials. This occurs because:

    Intellectual Property licensing is big business, and is getting bigger. But most licensors do not earn as much as they should because they fail to perform royalty audits allowed under their license agreements.

    The IRS adopted a substantially revised Form 990 that calls for significantly expanded corporate governance disclosures.

    10/28/2005 · Expert Witnessing
    In many respects, the cross-examination of an expert witness is the same as for other witnesses. Some basics include: Be brief…Do not quarrel with the witness…Never ask a question to which you do not already know the answer…Avoid one question too many…and so on. However, there are some important differences

    7/20/2004 · Legal Issues
    If you want to improve your chances of success, commit these ideas to stone. Then follow them religiously.1. Keep it simple This is the greatest commandment, and the one most frequently violated. Too much information in a visual aid will confuse rather than clarify. Creativity does not mean complication. To achieve your goal, invoke the following guidelines

    Computers contain evidence useful in many human resource circumstances. Allegations of discrimination, sexual harassment, and unfair discharge are serious threats that are better understood by knowing what an employee did. Since computers are such a pervasive part of most employees' work lives, analysis of data stored on these computers helps address these issues

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    Gary Young, M.Ed., CRC, CDMS, CCM, NCC, ABVE/D, FVE
    4 Trenton Ave.
    West Trenton NJ 08628
    USA
    phone: 609-883-9033
    Gary-Young-Forensic-Rehabilitation-Expert-Photo.jpg
    Gary A. Young has worked in the field of Rehabilitation Counseling since 1977. He has earned a Master of Education, is a Certified Rehabilitation Counselor, Certified Disability Management Specialist, Certified Case Manager, Diplomate of the American Board of Vocational Experts, and Forensic Vocational Economist.

    Vocational Economic Expert - For over 35 years, Mr. Young has been evaluating Vocational and Economic Loss Projections and residual productive skills and value in cases focusing on employment related matters. His expertise is in determining future vocational options and economic loss projections. Mr. Young also provides catastrophic case management, performing complete Life Care Plans and economic projections for future medical costs.

    Litigation Support - Gary Young has completed evaluations detailing employability and lost earning capacity in State and Federal Courts. His vocational evaluation, life care planning, and economic analysis are combined in one report and one witness so that all of the facts and opinions are available throughout testimony. Mr. Young's reports have been used successfully in New, York, New Jersey, Pennsylvania, and Federal jurisdictions for both plaintiff and defense attorneys.

    View Gary Young's Consulting Profile.
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    Scott D. Gilbert, PhD
    206 Frances Ln.
    Carbondale IL 62901-1958
    USA
    phone: 618-319-2465
    fax: 708-575-7646
    Gilbert-Economics-Logo.gif
    Scott Gilbert Economics Expert PhotoScott D. Gilbert, PhD, has over 20 years of experience specializing in Economics and Statistics. He is an academic research economist, financial expert, and statistician, with banking sector experience.

    Dr. Gilbert received his PhD degree in economics in the year 1996, and before that worked as an economics research associate at the nation's central bank on the west coast, the Federal Reserve Bank of San Francisco. He serves as associate editor of The American Statistician, and his academic research has been published in high-quality peer-reviewed journals in the fields of Economics, Statistics, and Finance. He also has 25 years of teaching experience in economics and statistics, at University of California San Diego, Claremont Graduate School, University of Mississippi, Southern Illinois University, and Webster University.

    Dr. Gilbert is a Member and Board member of AAEFE (American Academy of Economic and Financial Experts), a member of the NAFE (National Association of Forensic Economics), the AEA (American Economics Association), the National Bar Association, and the CPDE (Collegium of Pecuniary Damage Experts).

    Litigation Support - Dr. Gilbert provides expert witness and litigation support services on economic matters in tort and contract law, via the consulting firm Gilbert Economics. Since 1998, he has served as an economics expert on a range of legal matters, in cases filed in Illinois, Indiana, Missouri, Kentucky, and Mississippi. As an expert witness he serves all Midwest states, and does not charge clients for travel time or expenses in the states of Arkansas, Illinois, Indiana, Iowa, Kansas, Kentucky, Missouri, Minnesota, Tennessee, or Wisconsin.

    Dr. Gilbert uses his expertise in economics, statistics, and financial matters to assist both plaintiff and defense lawyers in tort and contract cases. As an academic and researcher, his approach to loss and damages estimation is modern and rigorous. Equally important for litigation matters, he knows that evidence documentation is key to developing useful expert opinions, and he assists attorneys in the discovery process. He also explains to lawyers weaknesses in opposing experts' views. His writing in this area has appeared in the Journal of the Missouri Bar Association, and more is (tentatively) forthcoming in the Illinois Bar Journal.

    Areas of Expertise:
    • Economic Damages
    • Personal Injury
    • Wrongful Death
    • Commercial, Contract Disputes
    • Divorce Valuation
  • Statistical Evidence - Hypothesis Testing
  • Wrongful Termination
  • Contract Disputes
  • Statistical Evidence-Regression Analysis
  • Scott Gilbert, PhD
    This book covers the subject of economic damages and its role in insurance claims and lawsuits against businesses. After reading and understanding this book, the reader will be able to identify economic damages as a component of business liability, describe the business risk posed by economic damages, explain the key determinants of economic damages, and estimate economic damages and business loss in a variety of cases.
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    Heinz E. Ickert, CPA/CFF, CFE, CVA
    See Multiple Locations Below
    OH, FL USA
    phone: 614-464-3343 (OH) 941 343-7620 (FL)
    Heinz-Ickert-Forensic-Accounting-Logo.jpg
    Heinz Ickert Forensic Accounting Expert PhotoHeinz E. Ickert, CPA/CFF, CFE, CVA, is a litigation and forensic expert with nearly forty years of experience in Forensic and Investigative Accounting and litigation support.

    Mr. Ickert has extensive experience in the investigation, detection, and deterrence of Fraudulent Activity on the part of employees, management, and other third parties. He has valued numerous privately held entities in potential merger and acquisition transactions or marital property settlement. His involvement in patent infringement, theft of trade secret, and copyright infringement, has included computation of damages incurred and evaluation of opposing parties' expert reports.

    Litigation Support - Mr. Ickert's experience includes working with both plaintiff and defense counsel as a consultant and/or expert witness. His verbal and written communication skills have assisted juries and Triers of Fact in arriving at sound conclusions based on the facts of the case and evaluation of damages based on computations supported by sound economic principles and accepted methodologies. Mr. Ickert is able to unwind complex financial transactions and complicated subjects and render them comprehensible in nontechnical everyday language. He has experience testifying in state and federal court.

    Heinz Ickert provides a full range of forensic accounting, investigative, and litigation support services to legal counsel including:
    • Deciphering complex financial transactions and structures
    • Explaining advanced economic and financial concepts
    • Assisting with discovery in the preparation of complete interrogatories and requests for documents
    • Suggesting inquiries to be made of opposing parties or opposing experts in deposition or trial
    • Evaluating the merits of a case from a financial and economic standpoint
    Areas of Expertise:
    • Business Valuation
    • Bankruptcy
    • Commercial Damages
    • Business Interruption
    • Intellectual Property Matters
    • Lost Profits
    • CPA Malpractice
    • Damage Calculations
  • Fraud Detection, Deterrence
  • Domestic Relations Disputes
  • Construction Claims, Project Audits
  • Shareholder Disputes
  • Contract Damages
  • Royalty Disputes
  • Mergers & Acquisitions
  • Impairment of Value
  • View Heinz Ickert's Consulting Profile.

    Ohio Office
    150 E. Mound Street
    Suite 312
    Columbus, OH, 43215
    Telephone: 614-464-3343
    Florida Office
    2015 S. Tuttle Ave.
    PO Box 1418
    Sarasota, FL 34230
    Telephone: 941-343-7620
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    EJ Janik, CPA, CFF, CFE
    President
    Plaza of the Americas
    600 N. Pearl Street, Suite 2255, LB 140
    Dallas TX 75201
    USA
    phone: 214-720-9192
    fax: 214-720-9193
    Janik-PC-Business-Services-Logo.jpg
    EJ Janik Accounting Expert PhotoEJ Janik, CPA, CFF, CFE is a Certified Public Accountant with 33 years of professional experience. He specializes in financial audits, compilations and reviews, consulting for commercial litigation, antitrust matters, engineering and construction matters, real estate, and bankruptcy / business reorganizations matters. Mr. Janik holds a Master of Science in Accounting from Louisiana State University and a Bachelor of Commerce from Rice University. He is a member of the American Institute of Certified Public Accountants and the Texas Society of Certified Public Accountants.

    Mr. Janik has provided over 150 financial audits and consulted in over 615 business disputes. He has provided expert testimony in over 74 matters including trial testimony in 46 trials in 8 states. Mr. Janik's accounting services include Damages/Lost Profit analysis, Forensic Accounting, Fraud Investigations, Fact Finding, Financial Analysis, and Expert Witness Testimony when necessary.

    Litigation Experience:
    • Antitrust/Pricing Issues
    • Audits
    • Bankruptcy Analysis
    • Business Interruption
    • Business Valuation
    • Construction Claims
    • Contract Disputes
    • Cost Determinations
    • Criminal Investigations
    • Damage Analysis/Critiques

  • Debt & Capital Analyses
  • Dispute Resolution
  • Due Diligence
  • Environmental Claims
  • Feasibility Studies
  • Forensic Accounting
  • Fraud Investigation/Analysis
  • Hazardous
  • Waste/Remediation
  • Insurance Claims

  • Lost Profits
  • Mergers & Acquisitions
  • Real Estate
  • Royalties, Commissions, Income
  • Solvency
  • Superfund/Environmental Claims
  • Tracing
  • Valuations
  • Wastewater
  • White Collar Crimes
  • Mr. Janik is also uniquely qualified to measure construction claims and damages. With over 11 years of construction experience, he has accumulated over 13,000 Engineering and Construction (E&C) auditing hours, 10,000 E&C consulting hours, and 15,000 E&C supervised hours.

    Construction Claims Services include:
    • Acceleration
    • Change Orders
    • Costs
    • Defective Plans
    • Differing Site and Concealed Conditions
    • Direct Costs
    • Disruption
    • Evaluating Claims
  • Indirect Costs
  • Overhead
  • Payroll Fringe Burdens
  • Profit
  • Pre-Qualification Filings
  • Superfund / Hazardous Waste Sites
  • Terminations
  • Other Construction Issues
  • View EJ Janik's Consulting Profile.
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    Jonathan S. Shefftz
    14 Moody Field Road
    Amherst MA 01002
    USA
    phone: 413-256-1101
    fax: 866-252-7130
    Jonathan S. Shefftz is an independent consultant specializing in the application of financial economics to litigation disputes, regulatory enforcement, and public policy decisions. He has provided expert witness testimony on numerous lawsuits filed in state court, federal district court, and federal agency administrative hearings, in matters involving:
    • Economic Damages
    • Unjust Enrichment
    • Financial Capability Assessment
    • Municipal Financial Condition
    • Enforcement of Environmental Regulations
    His articles have been published in the Litigation Economics Review, Natural Resources and Environment, and Environment Reporter. He has presented at conferences of the Eastern Economics Association and Western Economics Association International.
    7/29/2011 · Economics
    Compliance with environmental regulations often entails significant capital investment in pollution control equipment, which in turn leads to ongoing operation and maintenance expenses.

    10/21/2008 · Taxation
    Present value cash flow calculations for economic damages should be performed on an after-tax basis, regardless of whether the damages award will be subject to taxation

    6/28/2007 · Economics
    The Vermont Supreme Court’s decision in Agency of Natural Resources v. Deso11 does not, so to speak, throw the baby out with the bathwater, but rather sets forward what can be seen as constituting part of a helpful framework for distinguishing between the two. Nor does the decision contain any self-contradictory implications

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