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Forensic Economics Expert Witnesses

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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 40 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
  • Loan 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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    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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    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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    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
  • 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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    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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    Donald M. May, PhD, (Financial Economics), CPA
    Managing Partner
    4 Lynwood Ct.
    Cortlandt Manor NY 10567
    USA
    phone: 212-390-0595
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    Donald May Business Damages Expert PhotoDonald M. May PhD, CPA, Managing Partner at DMA Economics, LLC, possesses over 30 years of Valuation and Economic Damages experience. He implements a broad range of damage analyses and valuations for clients, including billion-dollar investment funds under SEC investigation as well multi-national firms involved in intellectual property disputes, consumers in product mislabeling cases, and small to mid-sized businesses involved in complex commercial litigation.

    Background Experience - Prior to founding DMA Economics LLC, Dr. May was Managing Director at Berkley Research Group and the Principal in charge of valuation and litigation support services for a regional accounting firm, a Managing Director for PricewaterhouseCoopers, and a professor at the Massachusetts Institute of Technology - Sloan School of Management. He has performed over 200 valuations of closely held businesses across numerous industries for financial reporting and estate planning.

    Dr. May has been published in several distinguished academic and practitioner journals such as The Journal of Finance, The Quarterly Review of Economics and Finance, Hedge Fund Law Review, and is currently an editorial board member of The Journal of Business Valuation and Economic Loss Analysis.

    Litigation Support - Dr. May is a world class expert in the Valuation of Damages. Dr. May has prepared expert reports and testified in federal and state courts as well as AAA, JAMS, and FINRA arbitration hearings, and has also effectively communicated as an expert witness testifier and consultant in several multi-million dollar cases.

    Recent Litigation Matters:
    • Misrepresentations in Leveraged Buyout (“LBO”) Financing Practices
    • Theft of Trade Secrets, Trade Dress, and Intellectual Property
    • Food Product Mislabeling
    • Securities Fraud Under SEC Section 10b-5 and Section 11
    • Accounting Misstatements in Public and Private Company Acquisitions
    • Lost Profits and Lost Enterprise Value Associated with Product Defects and Breach of Contract
    View DMA Economics' Consulting Profile.
    1/19/2018 · Economics
    Benchmarks are the basis for damages. But when the assumptions behind the benchmarks fail to stand up to Daubert scrutiny, expert testimony may be excluded.

    12/14/2017 · Economics
    This article finds evidence consistent with the hypothesis that managers consider personal risk when making decisions that affect firm risk. I find that Chief Executive Officers (CEOs) with more personal wealth vested in firm equity tend to diversify. CEOs who are specialists at the existing technology tend to buy similar technologies. When specialists have many years vested, they tend to diversify, however. Poor performance in the existing lines of business is associated with movements into new lines of business.

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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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    Malcolm S. Cohen, PhD
    President
    305 E. Eisenhower Pkwy., Ste 316
    Ann Arbor MI 48108
    USA
    phone: 734-846-0549
    Malcolm-Cohen-Economics-Employment-Expert-Photo.jpg
    Malcolm S. Cohen, PhD, President of Employment Research Corporation, has over 30 years of experience in the field of Economics and Employment specializing in Labor Markets and Statistical Analysis.

    Dr. Cohen founded the firm in 1997, after retiring as the Director of the Institute of Labor and Industrial Relations at the University of Michigan, which he directed for 13 years. With a PhD in Economics from the MIT in 1967, his research interests include labor market information, labor turnover, employment forecasting and labor shortages. He has directed several major studies to identify national shortage occupations and measure labor turnover using administrative records.

    Dr. Cohen's book, Labor Shortages as America Approaches the Twenty-first Century, was published by the University of Michigan Press. His most recent book, Global Skill Shortages, written with Professor Mahmood A. Zaidi, is published by Edward Elgar Publishing. He has had articles published in a large number of journals, including: Journal of Human Resources, Monthly Labor Review, Journal of Political Economy, Review of Economic Statistics, Journal of Economic Theory, and The American Economic Review.

    Litigation Support - Dr. Cohen has either testified or been a consultant in over 1,000 audits or cases and has testified over 150 times. He has also served as an expert to the EEOC and U.S. Department of Labor in discrimination cases, and has directed many research projects sponsored by government agencies.

    Areas of Expertise:
    • Employment Discrimination
    • Economic Loss
    • Personal Injury
    • Statistical Analysis
    • Wrongful Death
    • Affirmative Action
    • EEOC
    • Compensation
    • FELA
    • FLSA
  • Labor Economics
  • Mitigation of Damages
  • Wage and Hour Issues
  • Wrongful Termination
  • Earnings Analysis
  • Damage Analysis
  • Reduction in Force
  • RIF
  • OFCCP
  • Class Action
  • View Dr. Cohen's Consulting Profile.
    Malcom S. Cohen, PhD
    As the world entered the twenty-first century, global skill shortages in many occupations were evident throughout the world. While these were mitigated by a global recession, there is no generally agreed upon method for measuring these shortages. This book discusses various theories for measurement. Using data collected from 19 developed countries in North and Latin America, Europe, and the Pacific region, the authors explore various aspects of skilled labor shortages, develop a methodology of measuring shortages by occupation, and provide estimates of the likelihood of the occurrence of such shortages.
    Malcom S. Cohen, PhD
    Predicting labor shortages is of great importance for planning education and training of the nation's present and future labor force. Malcolm Cohen has developed an innovative approach to measuring labor shortages. Originally sponsored by the U.S. Department of Labor, his work is presented here, updated for 1994.
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    David E. Nolte, CPA
    888 S. Figueroa Street, Suite 2000
    Los Angeles CA 90017
    USA
    phone: 213-787-4100
    fax: 213-891-1300
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    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.
    11/8/2017 · Economics
    Damage experts don’t always agree regarding the appropriate discount rate and underlying methodology for a lost earnings claim and certain commonly applied methods actually provide a windfall to Plaintiffs. The chosen rate can make a meaningful difference in the economic damages conclusion. A recent article, "Lost Compensation Settlement Tool Allows You To Assess Economic Damages Accurately And Efficiently, Under Various Scenarios", demonstrates the significance of the applied rate on damages.

    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
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    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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    Mark Falkenhagen
    Partner
    617 West 7th St., Suite 605
    Los Angeles CA 90017
    USA
    phone: 213-283-4001
    fax: 213-283-4040
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    Mark Falkenhagen Forensic Economist Expert PhotoMark Falkenhagen is a partner in the Los Angeles office and has been in the practice of Forensic Economics at HSNO for over 25 years. A graduate University of Southern California, Marshall School of Business, he specializes in Valuing Economic Losses.

    Mr. Falkenhagen's industry experience includes Employment Law Wage and Hour Logistics, Casinos, Construction Defect, Product Recall, Class Action Filings, Employee Dishonesty, Stock Options, Personal Injury, Wrongful Termination, Semiconductor, Entertainment, Franchises, Railroads, Hospitality, Oil and Gas, and Consumer Products.

    Mr. Falkenhagen is an approved MCLE provider through the State Bar of California. He can present in person or via Webinar a one-hour presentation titled “Calculating Economic Damages In Wrongful Termination and Class Action Cases”.

    Litigation Support - Serving as an Economic Damages expert witness, Mr. Falkenhagen has been designated hundreds of times through law firms across the southern California region. He has testified as an expert witness on many occasions in Federal and State Court.

    Areas of Expertise:
    • Partnership Disputes
    • Wrongful Termination
    • Employee Pay Disputes
    • Personal Injury
    • Marital Dissolution
  • Business Interruption
  • Business Valuation
  • Product Liability
  • Class Action
  • Inventory Valuation
  • Select Testifying Experience:
    • Product Liability, $38 million
    • Construction Defect, $26 million
    • Inventory Valuation, $18 million
    • Business Valuation, $11 million
    • Contract Dispute, $7.4 million
    • Personal Injury, $4.25 million
    • Wrongful Termination, $3.2 million
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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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    Randall Bell, PhD, MAI
    496 Broadway
    Laguna Beach CA 92651
    USA
    phone: 949-497-7600
    fax: 949-497-7601
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    Randall Bell, PhD, MAI is the owner of Landmark Research Group LLC which specializes in Real Estate Damage Economics. By utilizing advanced valuation methodologies, they are able to determine what impact, if any, that a detrimental condition has on property values. His clients include government agencies, oil, insurance and utility companies, corporations, developers, lenders and property owners.

    Dr. Bell specializes in environmental contamination, natural disasters, construction defects, complex real estate disputes, crime stigma and other detrimental conditions. As an Expert Witness and Strategic Consultant, Dr. Bell can determine the merits of a claim. His experience and research includes the World Trade Center, Hurricane Katrina, Bikini Atoll Nuclear Test Sites, Chernobyl, Hiroshima, the Oklahoma City Bombing, Mt. St. Helen’s Volcano, the Manoa Hawaii Landslides and many others.

    Dr. Bell has a MBA from UCLA and is the author of the book "Real Estate Damages" published by the Appraisal Institute. His career has been profiled by the Wall Street Journal, People Magazine, CNN, ABC's 20/20 and more.
    Randall Bell, MAI, et al
    Most appraisers will be asked to appraise property subject to detrimental conditions at some point in their careers. The unique problems that arise in these complex valuation situations can be addressed by applying fundamental economic principles and innovative valuation techniques. A comprehensive and valuable resource for all real estate professionals, Real Estate Damages: Applied Economics and Detrimental Conditions, second edition, provides a straightforward approach to solving these complex valuation problems.
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