Our “Experience Above All” shines through in the accolades our leaders earn. We are proud to recognize the Secretariat experts who have earned Who’s Who Legal’s highest possible ranking of Global Elite Thought Leader 2020: Don Harvey, Amit Garg, Ted Scott, Meera Wagman, Mike Saulsbury, Howard N Rosen, CPA, CA, CBV, Mike Allen and Liam Holder.
These Global Elite Thought Leaders operate across multiple disciples – Arbitration, Construction – Delay, Construction – Quantum, Financial Advisory & Valuation and Quantum of Damages.
Congratulations, you make all of Secretariat proud.
We are growing again – this time in Houston! It is our distinct honor to welcome renowned energy sector expert Bob Broxson to the Secretariat team. Bob is recognized for his deep industry experience in addressing issues in contract disputes in natural gas procurement, sales, transportation and trading matters.
Bob, it’s great to have you on the team!
We are excited to announce our expansion into the Washington, DC market by announcing our acquisition of TDF and welcoming Tom Fertitta and his TDF team, a distinguished construction consulting and dispute resolution team in the North American market. Welcome to the Secretariat family!
Our ranks of testifying experts continue to grow. We are proud to shine a spotlight on the work of Director Jordan Peponis and Director Andy Ackel, CPA, CFF. Last week, both testified for the first time on construction matters – Jordan regarding delay and Andy regarding damages. The legal teams and clients involved called out how well both performed under pressure.
Continuously developing our people at all stages of their careers is a hallmark of what makes our firm special and unique. We are thrilled to count Jordan and Andy as part of our truly talented and growing team.
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.