Secretariat is pleased to welcome delay expert Nelson Gallardo to the firm’s Construction practice. Joining as a Managing Director based in Atlanta, Gallardo’s addition significantly expands the firm’s experience addressing construction and infrastructure projects in the United States and Latin America.
Nelson is a construction expert witness specialized in international arbitration and dispute resolution regarding large industrial, infrastructure, and commercial projects typically ranging from $100 million to $5 billion in construction costs. He brings more than two decades of experience of advising contractors, owners, and governmental entities in infrastructure projects in the United States and Latin America, including Mexico, Honduras, El Salvador, Dominican Republic, Panama, Colombia, Peru, Chile, Brazil, and Uruguay. He has provided expert testimony on schedule delay, lost productivity, disruption, contract terminations and economic damages in multiple international arbitration forums including ICC, ICSID, UNCITRAL, AAA, AMCHAM and the Chambers of Commerce of Bogota, Lima, and Santiago.
Recognized for years as a “Global Leader – Construction Expert Witness” by Who’s Who Legal, clients and peers have said Nelson “has extensive experience in delay analysis of infrastructure and construction projects” and “possesses the ability to analyze many criteria and fact in a logical way.”
According to Secretariat Managing Director Don Harvey, “I couldn’t be more excited to welcome Nelson as the latest addition to Secretariat’s top-notch construction practice. He has an impressive track record of helping clients understand the intricacies of large-scale construction and infrastructure disputes. Adding Nelson to the team is proof of how deep and talented Secretariat’s industry-leading Construction practice in truly is today.”
The settlement of United States of America v. Teva Pharmaceuticals USA, Inc. and Glenmark Pharmaceuticals Inc., USA, a price-fixing case that involved numerous generic drugs, including pravastatin, was described by DOJ as “the largest to date for a domestic antitrust cartel.”* Under the settlement, Teva is to pay a $225 million criminal penalty and donate $50 million worth of drugs, and Glenmark is to pay $30 million. In addition, Teva and Glenmark will be required to divest their respective versions of a generic cholesterol drug, pravastatin, that was part of the alleged conspiracy.
Secretariat Economists (SE) played a major role in estimating damages for this matter. In particular, SE economists Philip Nelson, Paul Godek, and Stephanie Mirrow worked with Professor John Mayo of Georgetown University, DOJ economists, Evan Gee and Peter Woodward, and DOJ Financial Analyst Joanne Legomsky to evaluate the damages associated with the alleged collusion. SE economists also worked with DOJ attorneys Matthew Lunder, Thomas Tynan, Michael Sawers, Barry Joyce, Mark Grundvig, and Julia Maloney in preparation for the presentation of damages estimates at the trial, which was scheduled to occur in May 2024.
Dr. Jennifer Vanderhart provided trial testimony on behalf of Moonbug in copyright litigation involving the copying of CoComelon characters, songs, and more.
Secretariat was retained by Tyz Law Group PC on behalf of Moonbug Entertainment in a copyright litigation alleging BabyBus (Fujian) Network Technology Co. Ltd. built an entertainment brand that copied numerous Moonbug copyrights including CoComelon characters, plot devices, and songs. The jury found BabyBus willingly infringed dozens of Moonbug’s copyrights and awarded a total of $23,568,114. During its work, Intensity calculated economic damages from disgorged profits and also from actual damages stemming from lost YouTube advertising and lost licensing and merchandising profits.
Dr. Jennifer Vanderhart submitted numerous reports and provided expert testimony at deposition and at trial. Dr. Vanderhart’s work was supported by Vice President Karthik Padmanabhan, Economist Kira Stearns, Manager Max Urman, and Associate Peter Hawkins.
Following a nearly four-week trial in the Northern District of California, the jury delivered a verdict in favor of Moonbug Entertainment.
The case is Moonbug Entertainment Ltd. v. BabyBus Co., Ltd., Case No. 3:21-cv-06536-EMC.
Law360 (subscription may be required) and Bloomberg Law coverage may be found here and here.
Secretariat Managing Director Keith Waehrer and Professor Carl Shapiro (University of California, Berkeley, Haas School of Business) authored the chapter “Using and Misusing Microeconomics: Federal Trade Commission v. Qualcomm” in the recently published book “ANTITRUST ECONOMICS AT A TIME OF UPHEAVAL: Recent Competition Policy Cases on Two Continents” from Competition Policy International.
With significant changes in competition policy happening on both sides of the Atlantic over the past decade, antitrust economics has played an increasingly prominent role in the reasoning of regulators and courts. This book features contributions from leading antitrust economists who have been involved first-hand in groundbreaking merger, monopolization, and anticompetitive-agreement cases that have shaped this era.
Edited by John Kwoka, Jr., Tommaso M. Valletti, and Lawrence J. White, eds, the volume is available here.
Managing Directors Stuart Dekker, Joe Skilton, and Eddie Tobis authored the chapter “Compensation for Expropriation” in the 8th Edition of The Investment Treaty Arbitration Review.
Managing Director Su Sun spoke on a panel at the National Association of Business Economics Transfer Pricing Symposium. Dr. Sun discussed the potential application of tools used in the determination of FRAND rates for licensing Standard Essential Patents to transfer pricing analysis. Download the presentation here.
Dr. Ryan Sullivan of Intensity, a Secretariat company, provided trial testimony on behalf of Constellation Designs in patent infringement litigation involving television receiver technology.
Intensity worked with Caldwell Cassady & Curry on behalf of Constellation Designs in patent litigation alleging four patents were infringed by LG Electronics’ televisions. The patents at issue cover elements of the emerging Advanced Television Systems standards for television broadcasts. The jury awarded damages of $6.75 per unit for each infringing television, the exact amount testified to by Dr. Sullivan.
During its work, Intensity evaluated the economic benefits of the patented technology to LG Electronics. Intensity performed a market approach analysis utilizing prior market transactions to determine a reasonable royalty for the infringement by LG Electronics. Intensity determined a reasonable royalty per unit for infringing products that LG has sold to date.
Dr. Ryan Sullivan submitted a report and provided expert testimony at deposition and at trial. Dr. Sullivan’s work was supported by Managing Director Aminta Raffalovich, Vice President Anushree Subramaniam, Vice President Jennifer Rosendin, Economist Ryan Sherrard, Associate Alex Gisquet, and Analyst Isaiah Kline.
Following a five-day trial in the Eastern District of Texas, the jury delivered a verdict in favor of Constellation with a damages award in the exact amount testified to by Dr. Sullivan.
The patents at issue were U.S. Patent Nos. 8,842,761, 10,693,700, 11,019,509, and 11,018,922.
Law360 (subscription may be required) coverage may be found here.
Secretariat is pleased to welcome noted expert Robert Poole to our growing construction industry team based in Canada.
A Chartered Quantity Surveyor with more than 30 years of experience, Mr. Poole has regularly been appointed as a testifying and quantum expert on complex construction matters, to analyze claims for delay, disruption, loss of productivity, and additional costs. In addition, he has provided expert opinions in real estate disputes, quantifying development and construction costs, and lost profits.
Mr. Poole has analyzed or prepared construction claims related to several multi-billion-dollar rail, shipbuilding, and bridge projects. His experience encompasses buildings, hydro and power, roads, and other infrastructure projects. He regularly assists counsel in construction and real estate disputes presented in court, at arbitration, and at mediation, and has worked with public and private organizations in Canada and the UK.
“Canada represents some of the most impressive construction, infrastructure, and real estate projects taking place in the world. When disputes arise, the quantum and delay experts at Secretariat have built a reputation as a go-to team of trusted experts,” says Secretariat Managing Director Don Harvey. “With Robert on our team, we have elevated that reputation to another level. I am excited to welcome him to Secretariat.”
Mr. Poole is a frequent speaker on topics including building infrastructure, commercial management techniques, managing risks, and ADR developments.
According to Who’s Who Legal:
Robert Poole is widely endorsed by market commentators for his “superb communication skills and ability to simplify damages analysis”.
Robert Poole provides top-quality quantum and delay valuations for construction disputes, and is highly valued for his “ability to simplify damages analysis”.
Intensity receives recognition with seven experts included in the 2023 IAM Patent 1000: The World’s Leading Patent Professionals
Intensity, a Secretariat company, and seven experts have been recognized in the “IAM Patent 1000.” Ryan Sullivan was recognized for the tenth consecutive year and is joined in the rankings by Managing Directors Bruce Blacker, Richard Brady, Richard Manning, Nisha Mody, Aminta Raffalovich, and Steve Schwartz as top U.S. economic experts in the 2023 edition of Intellectual Asset Management’s IAM Patent 1000: The World’s Leading Patent Professionals.
“Intensity is a large organisation with a deep bench; its team are great in critical cases as testifying and consulting expert witnesses, and they produce an excellent work product that delivers favourable results.” the publication noted of the firm.
According to IAM, “Captain of the team Ryan Sullivan ‘is a top-notch expert. He is incredibly smart, thoughtful, analytical and creative; he has excellent communication skills and a strong sense of integrity.’”
Bruce Blacker made his debut on the list this year. “Bruce is extremely knowledgeable, resourceful and is a great teacher for the court,” the publication noted. For the fourth time, the list includes Richard Brady. According to IAM, Richard “is described by one patron as ‘having a commitment to excellence. It is great working with him.’”
Also debuting this year is Richard Manning who was acknowledged for his glowing references, one example: “Richard brings a thoughtfulness and level of analysis that is very helpful. He is pragmatic, not easily flustered, has good judgement and is able to find solutions to problems.”
Nisha Mody, included for the second year, “delivers strong, focused, and thorough reports and her testimony is clear and precise. She comes across as polished and likeable to the jury, as well as extremely intelligent with a strong knowledge of damages law and recent developments.”
Aminta Raffalovich was recognized for the fourth consecutive year. “Aminta is a seasoned and sophisticated expert who covers all bases in her analyses.” Appearing on the list for the third time, Steven Schwartz “thinks outside of the box to deliver tailored solutions to his clients and is brilliant at distilling complex material in a clear and coherent way for juries.”
The guide is the definitive resource for those seeking to identify world-class individual and firm-wide private practice patent expertise. IAM’s research, rankings, and recommended individuals for Intensity may be found here.
About the IAM Patent 1000
The IAM Patent 1000 is a stand-alone 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 over 40 jurisdictions across the world.
Bruce L. Blacker of Intensity, a Secretariat company, provided trial testimony on behalf of Orange Electronic Co. Ltd. in patent litigation involving a tire pressure monitoring system. The jury awarded damages of $6,616,397, the exact amount testified to by Mr. Blacker.
Intensity worked with Sughrue Mion PLLC on behalf of Orange Electronic Co. Ltd. in litigation involving a tire pressure monitoring patent. The invention allows auto mechanics to bypass the vehicle relearn function when replacing a tire pressure sensor by copying the old sensor ID to the new sensor, which saves time and money.
During its work, Intensity performed an analysis of economic damages relating to the asserted patent infringement claims. To determine a reasonable royalty that would result from the hypothetical negotiation, Intensity performed a market approach analysis utilizing prior market transactions to inform the appropriate royalties for the hypothetical negotiation. Further, Intensity evaluated an appropriate royalty structure and performed an analysis of the Georgia-Pacific factors.
Managing Director Bruce Blacker submitted a report and provided expert testimony at trial. Mr. Blacker’s work was supported by Economist Kyle Kost. The project support team also included Alex Gisquet and Grace Martens.
After a four-day trial, the jury returned a verdict in favor of Orange with a damages award in the exact amount testified to by Mr. Blacker. Further, the jury found that the defendant willfully infringed the patent. The patent at issue is U.S. Patent No. 8,031,064.
Law360 (subscription may be required) coverage may be found here.
Secretariat, the global expert services, litigation consulting, and economic advisory firm, today announces the acquisition of Lighthouse Consulting Group, a renowned construction industry expert witness and project advisory firm based in Atlanta. This strategic move further bolsters Secretariat’s position as the premier provider of construction delay, damages, and litigation support services in North America, while also adding new industry-specific project advisory capabilities that address a growing range of client needs.
Founded in 2020 by noted industry veteran Neil Gaudion, Lighthouse has quickly established a reputation as a trusted advisor to the world’s leading law firms, corporations, contractors, investors, and governmental agencies on a wide range of construction disputes and project management matters. The firm’s expertise covers a significant range of capital-intensive sectors, including infrastructure, oil and gas, power, alternative energy and renewables, aerospace, and healthcare. With the acquisition, more than 35 professionals will join Secretariat in key markets, including Boston, Denver, Houston, Los Angeles, Washington, DC, and Atlanta, where both firms were originally established.
“With our deep roots in the global construction industry, we have always looked to grow our team and capabilities in North America as a strategic complement to our strengths in international and arbitration markets,” says Secretariat Managing Director Don Harvey. “When considering firms with the depth and breadth in handling the biggest construction litigation matters across the region, there is no organization that matches what Lighthouse brings to the table. The impact and access to the best talent in the industry our clients will experience by us joining forces with Neil and the entire Lighthouse team is something we could not accomplish on our own. It is a distinct honor to welcome this distinguished group to Secretariat.”
Lighthouse President and Founder Neil Gaudion added, “When we started Lighthouse, our goal was to create a unique environment devoid of the bureaucracy often found at the largest consulting firms where the best and the brightest could work together on the most complex, high-profile matters while quickly advancing in their careers. Now, as a part of Secretariat, we can scale in a way that benefits our people and our clients through the combined firm’s dynamic range of services and career opportunities. The fit – from strategic vision to organizational culture and capabilities – is unmistakable. I am excited for our future together.”
Big-data analysis has become increasingly important in detecting and litigating major cases of systemic misconduct. Quantitatively analyzing these events is challenging because of the volume of data in addition to the context of litigations, investigations, and regulatory proceedings requiring speed and accuracy but without complete information about the data. In their article “A Primer on Big Data for Litigators, Investigators, and Regulators” published by the American Bar Association (ABA), Secretariat Economists’ Managing Director Stuart Gurrea and Associate Director William Schwartz identify the challenges and constraints surrounding “adversarial data science” and offer a step-by-step big-data management plan to overcome such constraints.
Read the article here (subscription required): https://www.americanbar.org/groups/antitrust_law/resources/newsletters/primer-on-big-data/