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Economic Damages Analysis Expert Witnesses

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Richard M. Teichner
CPA, ABV, CVA, MAFF, CFF, CRFAC, DABFA, FCPA, CGMA, CDFA
Providing Services Nationally
See Offices in Reno and Las Vegas Below
NV
USA
phone: 775-828-7474
fax: 775-201-2110
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Richard M. Teichner, CPA, ABV, CVA, MAFF, CFF, CRFAC, DABFA FCPA, CGMA, CDFA, is a Certified Public Accountant Mr. Teichner, licensed as a CPA with over 40 years of experience. Licensed in both Nevada and California, his concentration in litigation support services and business valuations in most of the recent 20 years of his career, coupled with the many years of a wide range of accounting, tax and business consulting services, enable him and his firm to provide in-depth analyses as an expert witness and consultant in a wide variety of matters. With offices in Reno and Las Vegas, Nevada, Mr. Teichner provides services throughout the United States, primarily in complex business litigation and divorce matters. He has performed services for businesses and individuals involved in various industries, such as manufacturing, distribution, retail sales, construction, real estate development, and transportation, and for professional practices, e.g. medical, law and accounting, and other service businesses. Litigation Matters - Mr. Teichner offers expert witness services to attorneys representing plaintiffs and defendants. He has testified over 40 times at trial and approximately 30 times at depositions. Mr. Teichner has been engaged as a testifying expert or consultant in a variety of complex business litigation and family law matters. Such matters have involved damages claims, contract disputes, disputes among business owners, fraud, breaches of fiduciary duty and standards of care, personal injury, and in family law matters property division, tracing, alimony, business valuations, and tax implications of divorce. Areas of Expertise:

  • Economic Damages / Lost Profits
  • Forensic Accounting
  • Financial Fraud
  • Personal Injury / Wrongful Death Damages
  • Divorce and Family Law Matters
  • Business Valuations / Appraisal
  • Franchise Valuation
  • Intangible Assets Appraisal
  • White Collar Crime
  • Standards of Care; Breach of Fiduciary Duties
Reno Office
3500 Lakeside Ct, Suite 210
Reno, Nevada, 89509
Telephone: 775-828-7474
Las Vegas Office
8275 S. Eastern Avenue, Suite 200
Las Vegas, Nevada 89123
Telephone: 702-724-2645
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Tiffany R. Couch, CPA/CFF, CFE
Principal / CEO
1603 Officers Row
Vancouver WA 98661
USA
phone: 360-573-5158
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Tiffany Couch Forensic Accounting Expert PhotoTiffany Couch is Principal at Acuity Forensics, a Pacific Northwest forensic accounting firm with a national presence. She has more than 20 years of experience in the field of accounting with the last 13 years focused completely on forensic accounting related engagements. Her expertise is in matters involving fraud investigation, forensic accounting, contract and regulatory compliance, internal control risk assessment, and complex litigation. Professional background and experience includes audit, tax, and business consulting services for government entities and privately held business entities in a range of industries. Ms. Couch is a faculty member for the Association of Certified Fraud Examiners, a nationally recognized speaker on the topic of fraud and forensic accounting, and the author of the book, The Thief in Your Company.

Litigation Support - Tiffany R. Couch has conducted dozens of financial investigations, managed cases involving tens of thousands of documents, and has testified in state and federal jurisdictions. She has worked with local, state, and federal officials to support their work (or provide a resource) in several significant embezzlement cases, and has provided support as a defense expert, as well. Services include legal accounting assessments, subject matter expertise, or financial records review to either build or negate a case.

Areas of Expertise:
  • Contract Disputes
  • Fraud Investigation
  • Estate and Trust Disputes
  • Marital and Business Separations
  • Damages Calculations
View Acuity Forensics' Consulting Profile.
2/21/2018 · Accounting
John was the new ranch manager at Santos Farms. He always liked to get to know the guys who worked for him, and he found that the best way to meet new employees was to personally hand them their paycheck.

1/29/2018 · Accounting
"How could you?!" - not an uncommon thing for me to hear among other professionals in the business of fighting fraud when I tell them I work criminal defense cases. Admittedly, I struggled with the same issue the first time I was called by a defense attorney back in 2008. His client had been accused by a publicly traded company of stealing more than $5M in a sophisticated cash receipt theft scheme.

1/8/2018 · Accounting
A married couple, who owned a business in a small town, called me to investigate some curious items found on their company's bank statements. There was a DISH Network bill being paid through their account, but they didn't have DISH Network as their cable TV provider. When they called the company to ask whose account it was, they were given the name of their bookkeeper. They dug a little deeper into the bank statements and noticed that each month there was a Verizon Wireless bill being paid by them, even though they both used AT&T. Finally, they confronted their beloved bookkeeper, Sienna. A woman in her mid-twenties, Sienna had worked for them since graduating high school, eventually working her way up in the Company to managing the office. Sienna reacted the same way most fraudsters do when they are initially caught, she lied and said that she didn't know anything about it. When pushed, she explained that it was an accident and apologized for the oversight.

Tiffany Couch
This book will educate you and entertain you, pull at your heart strings, and convince you to put her time-tested security blueprint into practice. All types and sizes of organizations will learn how to: * Be familiar with and protect against the most common fraud schemes * Recognize who the typical fraudsters are * Leave the door open for whistleblowers to report suspicious activity * Take specific actionable steps if fraudulent activity is discovered * Understand the emotional impacts of financial crimes
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Carl Sheeler, Ph.D.
Co-Founder
Available Nationally
See Office Locations Below
USA
phone: 619-453-3015
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Carl Sheeler Equity Valuation Expert PhotoCarl Sheeler, Ph.D. has 25+ years of public and private company experience with Family Business/Office Valuation, Advisory & Dispute Services – i.e., Governance, Risk Management, and planned and disruptive events associated with reducing risks and optimizing equity values.  Common matters include fiduciary duty involving equity holder rights; valuation issues as well as transitions influenced by Estate and Gift Tax, liquidity, legacy, leverage and liability considerations.

Dr. Sheeler distills complex strategy, finance and operational issues and relevant facts into empirically supported opinions and guidance that is understandable to the layperson and applicable to company boards, founders, executives, trusted advisors and triers of fact in transfer, tax, and transactional matters. He is an authority on shareholder dispute and oppression as well as Trust and Estate and ESOP duty of care. Examples include how agreement provisions, asset allocation, debt and holding periods influence risk and investor concessions (“premiums and discounts”) on equity value.

Litigation Support - Dr. Sheeler has completed 1,200+ engagements and testified in over 175 disputes as an IRS/Court qualified expert in ADR, state and federal courts on matters ranging from fairness opinions to class actions in matters involving 7- to10-figures. He has authored and presented on over 300 occasions on issues ranging from valuation /appraisal best practices to developing probing interrogatories and deposition inquiries. He has served on various research, regulatory, advisory and academic boards and is considered a subject matter expert on Private Company Illiquidity / Lack of Marketability and Control Adjustments as well as Equity Value Enhancement (“EVE”).

Consultation - Dr. Sheeler is an authority on what internal and external factors aside from financial influence company value for advisors assisting founders and families with significant holdings.

Ideal Clients include:

  • ERISA/DOL attorneys representing ESOPs
  • Transaction, Probate/Trust & Estate Attorneys involved in Tax, Transfer, and other Disputes
  • Corporate/Business/Trust Litigation Attorneys
  • Insurance/Condemnation Attorneys
  • Class Action Attorneys
  • Family Law Attorneys involved in High Net Worth Business Ownership cases

Areas of Expertise:

  • Value Creation
  • Business Valuation
  • ESOP Appraiser
  • Strategic Planning
  • Fairness Opinions
  • Business Appraisal
  • Shareholder Disputes
  • Class Actions
  • Gift, Trust & Estate Business Appraiser
  • Economic Loss
  • Commercial Damages
  • Fractional Interest Discounting
  • Midmarket/Family Business Risk Management
  • Tangible/Intangible Holding Company Valuation
  • Corporate Governance
  • Intellectual Property
  • International and Domestic Arbitration
  • Restructuring and Debt Advisory
San Diego, CA Office
11622 El Camino Real, Suite 100
San Diego, CA 92130
Telephone: 619-235-6635
Irvine, CA Office
18100 Von Karman Ave., Suite 850
Irvine, CA 92612
Telephone: 949-743-1401

Denver, CO Office
1515 Wynkoop St, Suite 360
Denver, CO 80202
Telephone: 720-465-4610

New York, NY Office
1330 Avenue of the Americas, 23rd Floor
New York, NY 10019
Telephone: 212-223-9301

Phoenix, AZ Office
4742 N 24th Street, Suite 300
Phoenix, AZ 85016
Telephone: 602-698-6747


To have Dr. Sheeler present a workshop at your office, or present to your group or organization, contact:
Kelly Passmore
949-743-1401x212
kelly@carlsheeler.com

View Dr. Sheeler's Consulting Profile.

6/24/2015 · Economics
Examining actual transactions in the private capital markets and court outcomes figure into whether holding a large block of stock equates with it control or even a premium. The internal and external factors, legal provisions, and property performance drive this result.

This article establishes there is recognition by the IRS and the courts that a well-supported proof of impairment based on the sale of a large number of shares necessitates an investor concession. It provides the rationale and methodology to capture the existence and the level of impairment.

In this article, Dr. Carl Sheeler, responds to a September 9, 2013 concept paper authored by Rick Baumgardner, Chair of the Appraisal Practices Board of the Appraisal Foundation, titled “Valuation Issues in Separating Tangible and Intangible Assets.”

Valuation professionals are uniquely positioned to help clients identify opportunities and third parties that can take them to a proverbial next level. Business valuation is about more than just benchmarking and deriving a defensible conclusion of value, it should entail understanding the value and interplay of governance, risk, relationships, and knowledge.

This article addresses what is often omitted from most asset holding entity valuation reports. By failing to include issues like the ones outlined, the resulting adjustments are less empirical and more a "guesstimate". Valuation practitioners and their advisory clients have a duty to the users of our reports to accurately address equity level risks

Think like an investor, not an accountant! If fair market value is to determine investor expectations and equity risk; then why do these factors receive limited or no consideration when opining on the level of impairments (investor concessions) ubiquitously referred to ask discounts? This article addresses the business risks associated with asset-holding companies' equity that should be considered and reported when preparing a valuation report.

Knowing the value of a business and delivering real value to a client company entails far more than using EBITDA multiples or going along with a rule of thumb to keep the peace. As professionals, valuators must be far more rigorous in their engagements, and focus on delivering value. The obligation to identify, measure, manage, and mitigate the risks are their responsibility. In this candid analysis, Dr. Carl Sheeler shares some insights, based on his 1,000+ engagements, where he has found problems that led to disputes, misalignment of expectations, and company-specific risks that impair value and value creation.

The thoughts below explore existing business valuation (BV) practices. The discussion may cover issues that are unfamiliar to BV analysts whose clients have businesses of below $5 million in revenues, or for those who deal primarily with midmarket clients of $50 million in revenues and above. First, it is necessary to acknowledge the many BV thought-leaders who have propelled our current body of knowledge forward. These valuation heroes have assisted countless practitioners and clients. In the absence of the development of best practices, those wishing to make a buck off of the market's ignorance would abound. Also, special thanks to the theoreticians who embrace the ethereal aspects of our industry with application of concepts such as regression analysis.

Carl Sheeler, PhD
This book provides the information and tools practitioners and business owners need to work with the multitude of intangibles - Governance, Risk, Relationships & Knowledge ("GRRK") - in equity investment decisions. The author engages readers with an insightful and brief claim: "Values are more than numbers." He then provides support for just how important human capital is to the value creation paradox.
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Dr. William B. Fairley, President, Co-Founder, Senior Statician
Dr. William A. Huber, Statician, Mathematician, Data Analyst
Victoria Mills
1489 Baltimore Pike
Springfield PA 19064
USA
phone: 610-543-0159
fax: 610-543-8952
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Analysis & Inference, Inc. is a team of statisticians and data scientists whose expertise in Statistical Theory and Application has been honed over the course of more than 700 projects. Senior statisticians, Dr. William (Will) Fairley and Dr. William (Bill) Huber direct A+I statistical consulting and research for corporations, government, non-profit agencies, and law firms, providing in-depth perspective and highly effective analysis.

Services Include:
  • Risk Analysis - Statistical, probability, and related financial analyses for risk, accidents, and health
  • Audits, Surveys, Theft, and Fraud - Determination through statistical sampling and modeling of amounts of monies recoverable in audit disallowances, large-scale thefts, and fraud, etc.
  • Discrimination - Analysis of data, questions of statistical significance and validity, and development of models relevant to a wide range of discrimination claims in employment or in municipal services, housing, and other areas by age, sex, race, etc.
  • Liability and Damages - Statistical analysis and related economic aspects to address alleged harm or specific damages
  • Finance, Regulation, and Insurance - Statistical analysis and related aspects of finance theory and economics in issues such as price discrimination, royalties, real property valuation, investment risk and return, regulated rates of return, and risk classification in property-liability insurance
  • Public Policy - Examples are school funding mechanisms, hazardous materials management, economic regulation, and discrimination
William Fairley Statistics Expert PhotoWilliam B. Fairley, PhD, President, Co-Founder, and Senior Statistician is nationally recognized for contributions to law and public policy and widely published in leading statistical and economics journals. He has contributed to successful outcomes in more than 400 professional engagements. He has published over 45 professional articles, and been accepted as an expert by over 30 courts, boards, arbitrators, or mediators.

An expert with respect to the Medicaid reimbursement system, Dr. Fairley was the first to identify and quantify an unfair bias in the way the system assigned payments to the states. By introducing the concept of a “Penalty Bias,” he helped return millions of dollars in penalties to a coalition of states.

Dr. Fairley has been recognized as an expert statistician in numerous federal and state courts, as well as in settlement negotiations, arbitrations, and mediations.

William Huber Data Analysis Expert PhotoWilliam A. Huber, PhD, Statistician, Mathematician, and Data Analyst is an Accredited Professional Statistician (American Statistical Association) with a PhD in mathematics from Columbia University.

When New Jersey implemented new regulations to control groundwater pollution, Dr. Huber predicted that prominent manufacturing plants would face unexpected and unfair financial penalties. Using statewide data obtained through the FOIA, he created and analyzed a database of monitoring records to determine which facilities would be affected. Working closely with industry, the New Jersey Department of Environmental Protection, and the public, Dr. Huber recommended changes to the regulations which were quickly adopted, leading to a fairer, more effective program that remains in use today.

Dr. Huber mines data to uncover valuable insights that improve critical business decisions to boost company and product performance. His expertise is in developing models which describe patterns and explain the relationships among variables that can reveal previously unseen facts of high business value. As President and Founder of Quantitative Decisions, a statistical consulting and software development firm, Dr. Huber completed over 300 projects, illuminating ideas that accelerate growth, innovation, and competitiveness. Many of his projects have focused on environmental statistics and decision analysis.

Dr. Huber has testified in federal courts and supported litigation as a consulting expert in many states and Mexico.
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Jennifer Vanderhart, PhD
Principal
912 F St. NW, Suite 707
Washington DC 20004
USA
phone: 202-558-5659 (Office) 703-728-7468 (Cell)
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Jennifer Vanderhart is a PhD Economist responsible for providing a range of services, including litigation support services, and economic consulting. She specializes in applied Econometrics and Microeconomic Analysis, including theoretical and empirical analysis in the areas of intellectual property, antitrust, breach of contract, international arbitration proceedings, and commercial damages.

Dr. Vanderhart's clients include companies in wide range of industries and retail sectors including education, computer hardware and software, retail merchandising, durable goods manufacturing, mining, tobacco, and financial services.

Prior to joining Analytics Research Group, Dr. Vanderhart was a Managing Director at FTI Consulting. She has also held positions at Exponent, Invotex Group, Navigant Consulting and LECG, and was an instructor at Texas A&M University in the departments of Economics and Management. She has published on valuation, damages and intellectual property and is a frequent speaker on these topics at conferences and lectures.

Litigation Support: Dr. Vanderhart has more than 20 years of experience in the evaluation and quantification of Economic Damages including claims arising from patent, copyright or trademark infringement, trade secret misappropriation, contract disputes, employment discrimination, and claims of expropriation by foreign governments. She has testified in federal and state courts and in domestic and international arbitration proceedings.

Dr. Vanderhart has assisted companies in patent and trademark licensing negotiations, royalty investigations and calculations, and intellectual property and asset valuations. She has also testified in class action proceedings and as to the appropriate data cost-sharing compensation under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).

Areas of Expertise:
  • Damages Calculations & Rebuttal
  • Design Patent Infringement
  • Breach of Contract Damages
  • Statistical Regression Analysis
  • Theft of Intellectual Property
  • Economic Damage Measures
  • Economic Damage Models
  • Trade Dress Infringement
  • Trademark Infringement
  • Lost Earnings (Economics)
  • IP Damages & Valuation
  • Theft of Trade Secrets
  • Telecommunications
  • Damage Calculations
  • Business Damage
  • Damage Analysis
  • Patent Damages
  • Trade Dress (IP)
  • Lost Profits
  • Valuation
  • View Analytics Research Group, LLC's Consulting Profile.
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    Juli Saitz, CPA, CFF, ABV
    Senior Managing Director
    750 Third Avenue
    28th Floor
    New York NY 10017
    USA
    phone: 212-818-1555 (Main) 646-291-8571 (Direct)
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    Juli Saitz Forensic Accounting Expert PhotoJuli Saitz, CPA, CFF, ABV, has over 20 years of experience providing Forensic Accounting, Financial, and Economic Analysis with respect to investigations and Commercial Damages. She joined Ankura in 2015 and currently serves as Senior Managing Director in New York.

    Background Experience - Ms. Saitz began her career at PricewaterhouseCoopers in the financial advisory services practice in New York in 1997. From 2000–2001, she worked in Silicon Valley as a senior general ledger accountant for the startup, GetThere.com where she developed the company’s revenue recognition policies and procedures and implemented a program for managing and depreciating the company’s fixed assets. GetThere.com was acquired by The Sabre Group.

    Ms. Saitz joined KPMG in 2001 and worked on a wide variety of projects prior to its acquisition by FTI Consulting in 2003. She served as Managing Director at FTI Consulting, where she developed and implemented a global royalty compliance program for a Fortune 100 company to monitor and protect its trademark and patent royalty streams. In post–merger scenarios, she assisted buyers, sellers, and neutral arbitrators in working through capital disputes.

    Litigation Support - Juli Saitz offers Forensic Accounting and Commercial Damages expert witness services to attorneys in litigation. She specializes in commercial disputes matters and has significant experience providing financial consulting services relating to financial analysis and damage analysis in a variety of industries including hospitality, consumer products, manufacturing, and entertainment.

    Ms. Saitz has a deep practice relating to Contract and Royalty Compliance with extensive experience serving clients ranging from individual authors to multi-national corporation licensors. Her work in this area includes developing and implementing royalty compliance programs and performing audits of licensees around the world. Ms. Saitz has helped authors and corporate clients recover millions of dollars in asserting their audit rights related to licensed copyrights, trademarks, and patents.

    Areas of Expertise:
    • Profit Calculations
    • Damages Calculations
    • Additional Cost Claims
    • Incremental Profit Analysis
    • Licensing and Royalty Determinations
  • Manufacturing and Marketing Capacity
  • Fixed and Variable Cost Analysis
  • Allocation of Costs
  • Evaluation of Forecasts and Projections
  • Product Line Profitability
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    Bob Lawson, CFE®, AIF®, RFC®, LUTCF®
    Securities & Insurance Expert Witness | FINRA Arbitrator
    3800 American Boulevard West
    Suite 1110
    Bloomington MN 55431-4460
    USA
    phone: 800-741-0704
    fax: 952-835-1504
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    Securities ExpertCertified Fraud ExaminerMr. Bob Lawson, AIF®, CFE®, RFC®, LUTCF, is a Securities & Insurance Expert Witness retained for FINRA arbitration, mediation, and federal/civil court litigation. Mr. Lawson possesses over 30 years of experience within the securities and insurance industries. In 1988, Mr. Lawson founded Barrington Capital Management, Inc., a Registered Investment Advisory firm and Insurance Agency, and currently serves as the President and Chief Compliance Officer.

    AIF LogoIn addition, Mr. Lawson presides as a FINRA & NFA Dispute Resolution Arbitrator for disputes concerning public and private investors, financial services professionals, broker-dealers, and dually-registered investment advisers. Claims often arise regarding breach of fiduciary duties, employment disputes, conflicts of interest, churning, unsuitable investments, and failure to supervise, among others. Mr. Lawson also serves as a public mediator and is a Qualified Neutral under Minnesota Rule 114 of Standard Practice in Mediation and Arbitration.

    His breadth of experience includes managing and supervising FINRA broker-dealer branch offices as a Registered Securities Principal, Options Principal, and Chief Compliance Officer. Mr. Lawson also has considerable experience with insurance products including variable annuities, fixed and indexed annuities, long term care, and life insurance. Mr. Lawson possesses numerous accolades and is certified as an Accredited Investment Fiduciary (AIF®), Certified Fraud Examiner (CFE®), Registered Financial Consultant (RFC®), and a Life Underwriter Training Council Fellow (LUTCF®).

    Retaining Mr. Lawson as an Expert Witness and Litigation Consultant will clarify and address relevant issues pertaining to your case from an insider's point of view. Upon a thorough examination and analysis of the case material, Mr. Lawson’s conclusions and opinions are impartial, objective, and predicated upon years of industry expertise and experience. Expert testimony and reports are supported by thorough and detailed research through case-specific analysis.

    Areas of Expertise:
    • FINRA & SEC Regulations
    • Breach of Fiduciary Duty
    • Promissory Notes
    • Securities Fraud Investigations
    • Ponzi Schemes
    • Options, Stocks & Bonds
    • Due Diligence
    • FINRA Arbitration
    • Professional Malpractice
    • Economic Damages & Losses
    • Employment Discrimination & Termination
    Services:
    • Litigation Consulting
    • Unbiased Case Analysis
    • Discovery Review & Recommendations
    • Portfolio Risk Reports
    • Securities Fraud Investigation
    • Damage Calculations
    • Expert Testimony
    View Bob Lawson's Consulting Profile.
    7/11/2017 · Securities
    In the securities brokerage industry, "selling-away" refers to the prohibited practice of an Associated Person effecting or soliciting the sale of securities or investment products not held or approved with whom the broker is affiliated without prior written consent. FINRA regulators have seen a steady flow of selling-away cases over the years involving registered representatives who are being targeted by issuers, promoters and marketing agents to sell their nontraditional investment products to their retail customers. In many instances, promoters of these products are marketing them as non-securities products that do not have to be sold through a broker-dealer by a registered person. In a significant number of cases, associated persons have sold these investments to their customers away from the broker-dealer and without firm approval as required by FINRA Rule 3270. Selling-away often occurs in an independent branch or a satellite office, where Associated Persons are removed from the day-to-day oversight and supervision of their brokerage firm's compliance department.

    9/23/2015 · Finance
    I receive phone calls throughout the year from attorneys who have taken on their first FINRA case and they frequently are unaware how the FINRA Dispute Resolution process differs from other venues. I thought it would be helpful to provide a quick overview for new participants and a refresher for those more experienced securities attorneys on how the FINRA Arbitration and Mediation process works.

    8/26/2015 · Finance
    In FINRA-related cases many attorneys see discovery requests objected to by opposing counsel. Typically, opposing counsel objects to discovery requests citing that items requested are either "overly broad, vague, or ambiguous", or "impermissible per FINRA's Code of Arbitration Procedure". However, despite opposing counsel's reasoning, many objections to discovery requests are irrelevant and do not hold up in regard to FINRA's Code of Arbitration Procedure. Attorneys should not be intimidated or discouraged by these objections, but rather should understand that FINRA's guidelines concerning arbitration allow for most applicable and reasonably obtainable discovery information to be delivered.

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    Ronald T. Smolarski
    MA, CLCP, CEA, IPEC, CRC, LPC, CCM, ABVE/D, 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 40 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.

    Life Care Planning by Ron Smolarski, MA, CLCP


    "I had the pleasure of working with Ronald Smolarski in connection with a case which involved a patient with Cerebral Palsy, along with a multitude of complex cognitive deficits. Mr. Smolarski gave an excellent comprehensive assessment of our clients long term needs and the costs corresponding thereto. Mr. Smolarski has a broad base of experience in rehabilitation, economics, and life care planning. His experience, his work product, and his willingness to accommodate schedules and deadlines made him a true asset to our case. I would highly recommend his services."

    -Richard J. Pendergast
    Attorney at Law
    Illinois


    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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    Peter J. Bondy, FSA, MAAA
    37224 Corvette Dr.
    Prairieville LA 70769
    USA
    phone: 225-323-5904
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    Peter J. Bondy FSA, MAAA, has more than 45 years of experience as an Actuary and a Financial Services Professional. He has served as a corporate executive, as a corporate director, and as a consultant domestically and internationally.

    Mr. Bondy has extensive experience with insurance company and reinsurer matters and practices ranging from basic business practices to matters involving financial projections and valuations as well as sales practices. He has served on corporate boards and brings a broad understanding of the issues involved. A published author, Mr. Bondy has delivered lectures and spoken frequently around the country. He is fluent in English and Spanish, his first language.

    Litigation Support - Having had experience with many complex projects throughout his career, Mr. Bondy is able to serve as an expert consultant or as an expert witness for complex matters and issues regarding annuities, insurance, reinsurance, emerging mortality, experience issues, and corporate matters. He provides a broad range of litigation support services to attorneys representing both plaintiff and defendant.

    Areas of Expertise
    • Actuary / Actuarial
    • Reinsurance
    • Economic Loss
    • Joint Marital Property
    • Valuation of Streams of Contingent Future Payments
    • Usufruct Arrangements
    • Private Annuities
    • Insurance : Life / Health / Annuities / Disability
    • Life Settlements / Structured Settlement Annuities
    • Appraisal and Performance Evaluation of: Life Insurance / Life Settlement Transactions / Annuity Benefits / Retirement Benefits
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    Bryan L. Parker, CPA/PFS, CFP, CLU, ChFC, CASL, FCPA
    Principal
    2501 Meadowview Ln., #201
    Pelham AL 35124
    USA
    phone: 205-664-1212 or 205-422-0448 (Cell)
    fax: 205-664-1255
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    Bryan Parker Forensic Accounting Expert PhotoBryan L. Parker, CPA/PFS, CFP, CLU, ChFC, CASL, FCPA, is a Certified Forensic Accountant with over 30 years of experience in his field.

    Background - Prior to founding Bryan L. Parker, CPA, LLC, Mr. Parker held the position of CFO at McPherson Oil Company ($300 million + annual revenues) where he was responsible for advising and negotiating banking relationships, acquisition review, acquisition integration, financial reporting, and interaction with external auditors. His experience also includes serving as VP of Mergers & Acquisitions for Citation Corporation (Public Co.) and CFO of TIC United Corp., Dallas, TX ($300 million + revenues).

    Mr. Parker has performed business valuations for more than 100 businesses in a variety of industries including manufacturing, trucking, printing, fuel oil distribution, motor/lubricating oil distribution, professional services, restaurants, fast food franchises, metal foundry, metal forge, machining, and plastic injection molding.

    Litigation Support - Mr. Parker provides expert witness services to attorneys representing both plaintiff and defendant. He offers Forensic Accounting services, written reports, deposition, and trial testimony as needed.

    Areas of Expertise:
    • Forensic Accounting
    • Money Tracing
    • Business Valuations
  • Divorce Settlements
  • Business Damage Analysis
  • Earning Capacity
  • View Bryan Parker's Consulting Profile.
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    Chad Staller, JD, MBA, MAC, AVA
    President
    1608 Walnut Street
    Philadelphia PA 19103
    USA
    phone: 800-966-6099
    fax: 215-732-8158
    The Center for Forensic Economic Studies is a leading provider of economic and statistical analysis relating to litigation. Our staff includes economists, statisticians and valuation experts.

    We assist with discovery, critique opposing claims and produce clear, credible reports and expert testimony. Since 1980, attorneys and their clients have relied on our expertise in thousands of cases in jurisdictions across the country.

    Our areas of Concentration Include:
  • Personal Injury / Wrongful Death Economic Damages
  • Commercial Damages / Business Interruption Claims
  • Economic Damages in Employment Matters
  • Employment Discrimination - Statistical Analysis
  • Business Valuations / Appraisal
  • Contact us to discuss your case.
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    James Christopoulos, JD, MA
    555 Anton Blvd.; Ste. 150
    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
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  • Failure to Promote
  • Wage & Hour
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  • Class Actions
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  • Forensic Analysis
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  • Present Value Calculations
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    Weston Anson, Chairman
    Jeff Anderson, Director, Valuation & Analytics
    7342 Girard Ave.
    La Jolla CA 92037
    USA
    phone: 858-454-9091 (Main) / 408-309-6808 (Jeff Anderson)
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    CONSOR® Intellectual Asset Management has been a global industry leader in Intellectual Property valuation, expert witness services, monetization assistance, licensing strategies and more for the last 25 years. CONSOR's core areas of expertise are the valuation, management, and licensing of intangible assets. They are proud to be the only market-based consulting firm specializing in intellectual property.

    Litigation Support - CONSOR® offers a variety of services to accommodate a wide range of IP litigation needs, including Expert Witness Services, Intellectual Property Valuation and Damages Analysis, Infringement and Confusion Analysis, Customs and Practices Consulting, and Bankruptcy and Disposition Support. CONSOR's areas of expertise cover all types of IP and intangible assets that can be the subject of litigation, including:
    • Patents & Technology
    • Trademark & Corporate Brand Assets
    • Sports & Events Licensing
  • Celebrities & Publicity Rights
  • Copyrights, Media & Entertainment Assets
  • Estate & Tax-Related Issues
  • Weston Anson Intellectual Property Expert PhotoWeston Anson, Chairman of CONSOR®, is a seasoned Licensing Valuation and Marketing professional with a long history of successful programs at firms such as Booz-Allen & Hamilton, Playboy Enterprises and Hang Ten International. He holds a Masters degree in Business Administration (honors) from Harvard University and is active in all of the major international trademark and intellectual property associations as a speaker and an officer.

    As an important part of his career today, Mr. Anson is a world renowned IP Expert with testifying experience in the United Kingdom, Europe, and in state, federal, tax, bankruptcy, and probate courts in the U.S.; as well as in arbitration and mediation. In trial testimony, multiple depositions, and numerous rule 26 reports, his expertise has been established and reaffirmed. His litigation clients include roughly half of the largest 100 U.S. law firms.

    Mr. Anson's notable cases range from: the largest trademark jury award in history to adidas of $304.6 million; the successful litigation of Woody Allen vs. American Apparel: a $5 million settlement in a right of privacy and publicity case; the Upaid Systems matter: a $70 million settlement in a computer/telecom patent case; and the Chevron-Donzinger/Ecuador case: decision barred Ecuador from collecting a $9.5 billion judgment against Chevron. In addition Mr. Anson has been involved in other famous cases, such as the landmark Jesse Ventura case in which the eighth circuit court of appeals noted “Anson's qualifications are quite impressive, and certainly more so than those of some experts whose testimony this court has permitted.”

    Jeff Anderson Intellectual Property Valuation Expert PhotoJeff Anderson, Director of Valuation & Analytics at CONSOR®, performs Valuations of Intangible Assets and Intellectual Properties for corporate litigation and business / transaction purposes.

    Mr. Anderson’s project work spans the full spectrum of the intellectual property realm. Industries worked on include: software, banking, entertainment, construction, retail, energy, and manufacturing. He has managed projects involving: valuation for litigation; sale / purchase valuation and negotiation; license structuring and negotiation; estate valuation; and valuation in expropriation and foreign markets.

    Specifically, Mr. Anderson has assisted in creating and implementing financial models utilizing extensive ad hoc analysis and statistical methods in determining economic damages for trademark, copyright and patent infringements; breach of contract; tortious interference; and misappropriation of data / information. He has also assisted clients, their legal counsel, and in-house expert witnesses in deposition and trial preparation and strategy.

    View CONSOR's Consulting Profile.
    How have celebrity scents become huge licensing opportunities? Do you smell that? Fee-fi-fo-fum, I smell the growth of celebrity scents. Yes, not only is celebrity licensing in general seeing tremendous growth opportunities, but in particular, the business of licensing celebrity scents is experiencing a steady rise.

    Weston Anson
    The demand for economic damages analysis and valuation for litigation, arbitration, and mediation is ever-growing. Elements of IP and intangible assets affect disputes in nearly every area of law, from real estate to complex software transactions. Expert Witnesses, Valuation & Damages discusses how to best use experts, when to hire them, how to find good ones, and how to test whether they have adequate knowledge.
    Weston Anson
    In a time of great economic, social and political change in the world, intellectual property is more important than ever. Given the current trouble surrounding businesses and portfolios, clients are actively seeking legal guidance and advisement to make wise decisions about intellectual property. IP Valuation and Management is an easy-to-use, concisely thorough reference. This book delves into how intellectual property is defined, grouped, valued, managed and monetized.
    Weston Anson
    Law school prepares students to be lawyers, but once they reach the real world, new attorneys often find they lack needed business knowledge. Not only are they uninformed about the management of their firms, but they are also unprepared to understand the needs of business clients. The Attorney's Guide to the Business Mind tackles this issue head on.
    Weston Anson
    This handbook is intended as a useful document for intangible asset management inquiries, with a special emphasis on licensing, transaction due diligence and bankruptcy. It attempts to help improve the management of companies with underleveraged intangible asset portfolios. Relevant exhibits, case studies, common terms, and a detailed index are also included.
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    Dr. Joseph D'Antoni
    Managing Principal
    3215 E. Foothill Boulevard
    Pasadena CA 91107
    USA
    phone: (Office) 626-440-7200 (Direct) 626-564-9800
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    Corporate Sciences, Inc. (CSI) is a highly regarded Economic Consulting Firm providing financial services to corporations, law firms, and government agencies. CSI professionals have served some of the world’s largest multinational corporations and law firms. Many of their team members hold advanced academic degrees and specialized credentials with extensive consulting experience in all the areas they provide service.

    Litigation Support - CSI has been assisting law firms and their clients in all aspects of litigation requiring Economic Accounting or Financial Expertise for over 40 years. Services are provided as consultants, testifying experts, arbitrators, and mediators. CSI professionals understand the complexity in the many stages of litigation including discovery, liability assessment, damage calculations, expert testimony, and critique of opposing expert opinions.

    CSI professionals have been through hundreds of engagements appearing in many venues including trials, ADR proceedings, and regulatory hearings. Their testimonial work is supported by state-of-the-art research, analysis and pragmatic business insight. CSI professionals are widely regarded for their ability to convey results of complex analysis and opinions in easy-to-understand language and demonstrative exhibits. Many of their cases have been large and complex often running into hundreds of millions and billions of dollars at stake.

    Areas of Expertise:
    • Real Estate
    • Construction
    • Intellectual Property
    • Insurance
    • Securities
    • Fraud
    • Banking
    • Forensic Accounting
    • Mergers and Acquisitions
    • Valuation/Appraisal Real Property
  • Breach of Contract Damages
  • Antitrust
  • Healthcare
  • Bankruptcy
  • Environmental
  • Labor and Employment
  • Financial Institutions
  • General Commercial Disputes
  • Design & Conduct Market Opinion Surveys
  • Valuation/Appraisal Business Entities
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    Prof. J. Gregory Sidak
    1717 K Street, NW
    Suite 900
    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
    View Consulting Profile.
    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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