Who’s Who Legal has once again recognized eight Secretariat leaders in its 2020 rankings of International Arbitration practitioners. Howard N Rosen, CPA, CA, CBV (Toronto) is acknowledged as a Global Elite Thought Leader with Mike Allen (Hong Kong), Amit Garg (Singapore), Don Harvey (Atlanta), Chris Milburn CPA, CMA, CBV (Toronto), Alexandre Rivière (Paris), Mike Saulsbury (Dubai) and Mark Taylor (London) all being recommended practitioners in this field. With 53% of our testifying team ranked in this section alone, it is another example of how our Experience Above All stands out in the industry. We congratulate all those who ranked.
Dr. Ryan Sullivan provided trial testimony on behalf of Juno Therapeutics and Sloan Kettering in patent litigation involving cancer immunotherapy. Based upon the testimony of Dr. Sullivan, the jury awarded damages of $752 million.
Secretariat worked with Irell & Manella and Jones Day on behalf of Juno Therapeutics and Sloan Kettering in patent litigation involving cancer immunotherapy. Juno and Sloan Kettering claimed that Kite Pharma, a subsidiary of Gilead Sciences, infringed their patent. The technology at issue involves genetically engineering T-cells to fight cancer, which is known as CAR-T therapy. Kite launched their CAR-T therapy Yescarta in late 2017.
During its work, Secretariat conducted economic analysis and provided trial testimony to determine reasonable royalties for the alleged infringement by Kite. This included an assessment of the economic contribution of the patented technology to Kite’s allegedly infringing product, availability of potential non-infringing alternatives, stage of development of licensed technology, competitive relationship between Juno and Kite, financial harms and benefits from use of the patented technology by Kite, and market analysis of related license agreements. As part of its work, Intensity evaluated all fifteen of the Georgia-Pacific factors.
Dr. Ryan Sullivan submitted an expert report and provided expert testimony at deposition and trial. After an eight-day trial, the jury returned a verdict in favor of Juno and Sloan Kettering with a damages award that precisely matches the trial testimony of Dr. Sullivan. The damages award consists of an upfront payment of $585 million and a running royalty rate of 27.6% on net sales of Kite’s Yescarta product. The resulting damages award is $752 million, which does not include potential future running royalties.
*Work performed by individuals while employed by Intensity, LLC. Intensity was acquired by Secretariat in February 2023.
Secretariat today announced the addition of noted quantum expert Paul Roberts as the firm’s newest Managing Director based in Brisbane, Australia. With Roberts arrival, Secretariat opens its first office in Australia and adds significant depth to the firm’s full spectrum of quantum and delay capabilities for clients across the Asia Pacific regions.
Roberts is a chartered quantity surveyor with more than 35 years of experience in all facets of commercial, contractual and dispute management. Prior to joining Secretariat, Paul served as regional lead for HKA’s Oceania business where he managed all disputes-related services, including the provision of expert quantum opinions on building, engineering, mining and petrochemical projects for clients ranging from contractors, employers and their respective legal advisers. He has significant experience handling matters related to a wide variety of high-profile, multifaceted construction projects located throughout Australia, South East Asia and the UK.
“It is not every day you are in the enviable position of welcoming someone of Paul’s high caliber and esteem to your team,” says Secretariat Managing Director Don Harvey. “Adding a talent like Paul and establishing a Brisbane office allows us to meet the ever-growing needs of our clients and the matters they represent, wherever they may be.”
“Secretariat is a truly unique organisation – partly based on the great reputation the firm has in the market, but even more because of the extraordinary people who are the most respected in their fields,” notes Roberts. “This is an ideal time, personally and professionally, for me to join the Secretariat team.”
Clients and industry peers commend Roberts for his experience as an adjudicator, arbitrator, expert determiner and mediator. According to Who’s Who Legal, Paul is “very experienced and knows the arbitration procedure very well.” He is praised for his “great skill as a quantum expert” and “deep knowledge of the Hong Kong construction industry.”
Secretariat has experienced significant growth over the past 18 months alone, attracting a number of leading names in the industry. Demonstrating the performance and quality the firm is known for, approximately 20 percent of Secretariat’s professional staff are recognized as experts in Who’s Who Legal, a percentage unparalleled at any other firm.
Secretariat has been named to Consulting magazine’s prestigious “2019 Best Firms to Work For” list, a first for the leading expert services and litigation consulting firm. The award is based on an analysis of over 11,000 surveys completed by consulting professionals at more than 325 firms from around the world.
“Being named a best firm to work for is an honor for many reasons, but it is particularly gratifying because it’s based directly on what our people have to say,” says Secretariat CEO and Managing Director Don Harvey. “It is reassuring to receive this kind of praise at a time when we have grown substantially and it reinforces the cultural brand that has helped us build a team of the best, brightest and most respected names in the industry.”
Secretariat received high marks in the areas of client engagement and culture. According to Harvey, “These two factors naturally go hand in hand. We work hard to nurture a cohesive, employee-friendly culture, something we have focused on since the day we founded the firm. New members joining our team tell us this makes us unique among competitors big and small, and it allows them to focus on what they enjoy the most – doing great work for clients.”
Secretariat has experienced significant growth over the past 12 months alone, attracting a number of leading names in the industry to join from larger competitors. Demonstrating the performance and quality the firm is known for, approximately 20 percent of Secretariat’s professional staff are recognized as experts in Who’s Who Legal, a percentage unparalleled at any other firm.
Read Article from the September issue of Consulting Magazine
Ryan Sullivan named in the Patent 1000 for sixth consecutive year.
Intensity joined Secretariat on February 1, 2023.
Ryan Sullivan was recognized for the sixth straight year as a top U.S. economic expert in the 2019 edition of Intellectual Asset Management’s IAM Patent 1000: The World’s Leading Patent Practitioners 2019.
According to the IAM, “Intensity CEO Ryan Sullivan’s mastery of predictive modelling techniques sets him apart as a business consultant. IP and commercial litigation is a major part of his practice and he has been seen in action in a number of $1 billion cases.”
In addition, they stated, “Ryan Sullivan is the gold standard for damages experts. He applies real economic principles and consistently comes up with results that hold up on appeal.” Further, “Having appeared in must-win suits in which over $1 billion was at stake, the Intensity CEO can solve the most labyrinthine puzzles. He can handle large assignments with skill and finesse, and he applies his supreme econometric skills in a way that is straightforward.”
The IAM Patent 1000 identifies the leading technical and economic experts from around the world. According to Nicholas Richardson, research editor on the IAM Patent 1000, “In the world of commerce, patents have become pivotal in driving corporate value and profitability. When it comes to obtaining, enforcing and monetising these vital commodities, private practice lawyers and patent attorneys play an essential role; selecting the right specialist is of paramount importance.” Further, “The IAM Patent 1000 delivers the most in-depth coverage of the market yet undertaken, pinpointing the best of the best in prosecution, litigation and licensing.”
About the IAM Patent 1000
The IAM Patent 1000 is a standalone publication that identifies individual and firm expertise in all major areas of patent law and practice. Through an extensive research process conducted by a team of highly qualified, full-time analysts, the publication identifies the top patent practitioners, as well as leading patent law and attorney firms, in 48 of the world’s most important jurisdictions and 18 US states.
Intensity joined Secretariat on February 1, 2023.
Intensity provided an economic analysis to determine whether a patent holder’s offers to license patents claimed to be essential for cellular functionality to multiple manufacturers of end-user devices were fair, reasonable, and non discriminatory (FRAND). Intensity also evaluated how a limited exclusion order and cease and desist order against the manufacturers may impact the public interest and determined a bond amount upon importation of the accused products that would be sufficient to protect the patent holder from any injury during the 60-day Presidential review period pursuant to 19 U.S.C. § 1337(j).
Intensity was engaged by a holder of patents declared as essential for 3G and LTE cellular standards regarding its offers to license the declared patents to multiple manufacturers of end-user devices. In determining if the offers were FRAND, Intensity performed an economic analysis of relevant license agreements, the aggregate royalty burden for 3G and LTE cellular standards, and the patent holder’s economic contribution to each standard. Intensity also evaluated multiple economic issues, including the impact on competition, consumers, and public health and welfare, in evaluating how a limited exclusion order may impact the public interest.
Intensity’s analysis has been provided to the U.S. International Trade Commission, which has instituted an investigation pursuant to the provisions of Section 337 of the Tariff Act of 1930 regarding the importation of the manufacturer’s accused end user products.
Intensity joined Secretariat on February 1, 2023.
Intensity performed economic analyses to evaluate damages resulting from breach of contract claims between a patent holder and a media company for 3D film conversion technology. Intensity’s analyses consisted of evaluating unpaid royalties and fees pursuant to the contract as well as value received from the settlement of a related litigation.
Intensity worked on behalf of an award-winning senior scientist, who pioneered development of 2D-to-3D conversion technology and obtained numerous patents that were licensed to a global entertainment technology company. In evaluating reasonable royalties and lost profits, Intensity considered contractual provisions, demand for the patented product, non-infringing alternatives, commercial relationships, and relevant license agreements. To determine damages, Intensity employed an income approach involving analysis of discounted cash flows, modeled revenue projections, projected 3D film growth, profitability in 3D film conversion, and historical, current, and addressable market size for 3D films.
Intensity’s analyses were considered by an arbitration panel in its decision to award breach of contract damages, including monetary compensation and public credit to the patent-holding scientist for his contribution to certain 3D films.
Intensity conducted economic analysis and provided trial testimony relating to the determination of reasonable royalties, evaluation of commercial success, and assessment of the economic contribution of multiple encryption technology patents allegedly embodied in a software product.
Intensity was engaged by a global software company accused of utilizing a data security company’s patented multi-level encryption technology. In quantifying reasonable royalties, Intensity analyzed relevant license agreements, marketplace factors, and the contribution of the patented technology to the products. In determining commercial success, Intensity evaluated the profitability of the licensing entity, relevant third-party products using the patented technology, and the nexus of the patented technology to product sales and profits.
Intensity provided expert reports, deposition testimony, and trial testimony, resulting in a jury verdict and court order consistent with Intensity’s analysis.
We are delighted to announce the expansion of Secretariat’s UK business. Liam Holder has joined us as a Managing Director.
Liam is a seasoned quantum expert with experience on many of the world’s largest engineering and construction disputes. According to Don Harvey (Managing Director), “Liam brings a wealth of testimony experience to the firm and reinforces our commitment to integrity and quality.”
Secretariat holds a distinct position in the expert witness marketplace. Mr. Holder stated, “I joined the Secretariat team due to its reputation for high quality work and unique culture.”
Please join us in welcoming Liam to the Secretariat team.
To view full bio, please click on the link below:
https://dev-secretariat-intl-old.pantheonsite.io/member/liam-holder/
Economics and Data Science Firm Recognized Again by San Diego Business Journal
Intensity joined Secretariat on February 1, 2023.
Intensity Corporation was named for the third time as one of the best places to work in San Diego by the San Diego Business Journal.
The annual list of the Best Places to Work in San Diego is the result of a program designed to identify, recognize, and honor the best employers in San Diego, benefiting the county’s economy, workforce, and businesses. Intensity has been named one of this year’s Best Places to Work in San Diego in the small business category.
“Intensity’s selection to the list of Best Places to Work in San Diego for the third time illustrates that adhering to our beliefs creates both an outstanding work environment as well as a superior work product for our clients,” said Ryan Sullivan, Chief Executive Officer of Intensity. “Our success is a direct result of our incredibly talented and hardworking team that brings out the best in everyone.”
Companies from across the county entered the two-part survey process to determine the Best Places to Work in San Diego. The first part consisted of evaluating each nominated company’s workplace policies, practices, philosophy, systems, and demographics. The second part consisted of an employee survey to measure the employee experience. The combined scores determined the top companies and the final ranking.
The companies on this year’s Best Places to Work in San Diego list will be honored at an awards ceremony on September 20th. A special issue of the San Diego Business Journal that profiles the companies selected as the Best Places to Work in San Diego will be published on October 1st. For more information on the Best Places to Work in San Diego program, visit www.BestPlacestoWorkSD.com.
Intensity joined Secretariat on February 1, 2023.
This study provides a data-driven analysis of the “one-and-done” policy for early entry into the NBA draft. The NBA, NCAA, and NBPA have all expressed some dissatisfaction with the policy, and the potential CBA negotiations in 2017 present the NBA and NBPA with an opportunity to improve it. Our analysis demonstrates that:
- there is a natural downward trend in entry age, which was shifted upward by the one-and-done policy;
- players who delay entry and play in the NCAA do not make up the foregone earnings;
- NBA teams are no more accurate in projecting player value when drafting players with more NCAA experience;
- NBA teams are no more accurate when drafting players since the introduction of one-and-done; and
- NBA teams are more accurate when drafting players earlier in the draft.
In the context of these findings, we discuss options for improving the policy. These include (a) modifying the rookie scale to compensate players for NCAA participation, and (b) introducing an entry threshold that allows only the best players to enter the NBA, while allowing others to develop in the NCAA. We also discuss options for compensating college athletes, including allowing players to receive revenue from endorsements and licensing.
It gives us great pleasure to announce Meera Wagman’s promotion to Managing Director at Secretariat. With over 20 years in the construction industry, Meera has established herself as one of the leading experts in delay and disruption in construction projects and has become recognized and renowned in both domestic and international markets. Her wealth of experience includes many high profiles projects including the Panama Canal and the Burj Khalifa.
Due to the increased demand for her technical ability, Meera has decided to focus more on expert work and testifying and less on the administration of the business. Her unwavering commitment to integrity and quality reinforce the firm’s core principles. Meera holds a BS in Civil Engineering from Cornell University and previously held positions at both Gilbane Building Company and Navigant.
In conjunction with this, we are also pleased to announce that John Little has joined Secretariat as our new CFO/COO, based in Atlanta. John brings over 25 years of international experience in senior financial and operational leadership positions across the professional services sector.
Most recently, he spent 12 years as the CFO of Proudfoot, a leading global operations consulting business. John began his career working with KPMG in both the UK and the US. John holds a Bachelor of Law degree and a Diploma in Legal Practice from the University of Glasgow and is a Member of the Institute of Chartered Accountants in England and Wales.
To view more on Meera and John please click on the links below:
https://dev-secretariat-intl-old.pantheonsite.io/member/meera-wagman/
https://dev-secretariat-intl-old.pantheonsite.io/member/john-little/