This project was completed by Intensity. Intensity joined Secretariat on February 1, 2023.
Flash storage technology is used in memory cards, USB flash drives, solid-state drives, and similar products for general storage and transfer of data. A number of electronics retailers alleged that a flash storage supplier fraudulently acquired and enforced multiple patents in order to foreclose competition and charge higher prices to direct purchasers of its products. The flash memory supplier allegedly used the market position established by its fraudulently obtained patents to cause competitors to pay license fees and to charge supra-competitive prices to purchasers of flash storage products.
Intensity was called upon to analyze whether there was class-wide price impact relating to the alleged fraudulent conduct. Intensity performed economic and econometric analyses to evaluate the financial impact of the anti-competitive behavior in the marketplace, and to determine an appropriate measure of economic damages for all class members.
Our work involved examination of the affected product sales, identification of the relevant antitrust markets, assessment of market power, evaluation of supra-competitive prices and restricted output, and analysis of the flash storage manufacturer’s licensing program. Intensity analyzed the alleged anti-competitive conduct and its economic impact in relation to other factors influencing industry performance and product sales. Intensity evaluated sales performance in relation to product pricing, functionality, sales strategy, product distribution, industry standards, and licensing, among other factors.
Secretariat Expert Valuation Helps Secure Historic $5.89 Billion Citgo Sale Order
In a complex federal court case in Delaware with far-reaching geopolitical significance, Managing Director Gary Kleinrichert’s expert financial valuation helped secure approval of a landmark $5.89 billion Citgo sale opinion that could help resolve billions of dollars in unpaid judgments against Venezuela and certain of its instrumentalities.
Secretariat Named Arbitration Expert Firm of the Year at 2025 Lexology Index Awards
Secretariat is delighted to announce that we were named as the Arbitration Expert Firm of the Year at the prestigious 2025 Lexology Index Awards Ceremony, held at Merchant Taylors’ Hall in London. We are honored to be recognized by clients and peers as the foremost experts leading and shaping the global arbitration community.
Secretariat has earned significant recognition in the 2026 Lexology Index Arbitration Report, with 52 experts named in the prestigious listing, including the most combined Thought Leaders (7) and Global Elite Thought Leaders (10).