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/
Today Secretariat announced the firm has expanded its global reach with the launch of offices in Hamburg and Munich, Germany. As part of the strategic growth, three new leaders join Secretariat’s roster of experts led by Alexander Demuth and joined by Directors Dr. Björn Brand and Christian Gruschwitz. Together, the team will lead Secretariat’s efforts to grow client relationships and new business opportunities across Mainland Europe with a specific focus on Germany, Austria, and Switzerland.
“Throughout our history, Europe has been home to some of Secretariat’s most important matters and esteemed clients. But as the size of projects and inherent risks involved continues to grow, having a team based in the region has become more imperative,” says Secretariat Managing Director Don Harvey. “This is why I am so proud to welcome the world-class team in Alexander, Björn, and Christian. They represent an important step in our growth as we continue to add the best talent in the industry.”
Alexander Demuth, a recognized international arbitration expert with more than 25 years of experience, works with Secretariat. He regularly advises clients in commercial and investor-state arbitrations, litigation, and settlements with a focus on post-merger and commercial disputes. Mr. Demuth is experienced in the quantification of damages, valuations, business modelling, transaction services, accounting, and auditing. His experience includes giving evidence in more than 30 hearings, including in arbitrations under AAA, DIS, HKIAC, ICC, SCC, SIAC, VIAC and ICSID rules. Mr. Demuth is recognized as a Global Elite Thought Leader in Who’s Who Legal’s Arbitration Expert Witnesses 2023.
Dr. Björn Brand is a seasoned expert and project leader who has led engagements assessing purchase price adjustments, lost profits resulting from contract breaches, and expropriations. He also has worked on projects with a focus on financial, economic, forensic, and accounting-related analyses in the context of valuations, financial and economic modelling, and transactions. A Director based in Munich, Dr. Brand earned his PhD in Economics with a focus on Industrial Organization from the University of Graz.
Christian Gruschwitz is a Director based in Munich. He has more than 15 years of experience in company valuation, business modeling and transaction services. He advises clients on arbitration, litigation, and settlements with particular depth in post-merger disputes, commercial disputes and shareholder disputes. He regularly advises stakeholders on matters relating to corporate transactions, commercial, and corporate law.
Mr. Demuth added, “Secretariat’s global experience and platform are unparalleled in the world of international disputes and arbitration. We are delighted to join such an excellent group of senior experts and we are very much looking forward to building out the firm’s presence in Germany, Austria and Switzerland.”
Today Secretariat welcomed Christopher Larkin as a Managing Director in the firm’s Toronto office. With more than 30 years of experience in the construction industry, Mr. Larkin’s addition builds on the firm’s long and impressive track record of addressing notable construction and infrastructure disputes in Canada with the establishment of a domestic construction advisory and dispute resolution team.
As a Chartered Civil Engineer with a law degree and vast arbitration qualifications, Mr. Larkin has been appointed frequently as an expert witness on both delay and quantum matters. He has experience in mediation, adjudication, arbitration, and major litigation proceedings, and regularly works with legal counsel from leading international law firms, as well as contractors, employers, consultants, and architects involved in major construction projects.
“In the world of construction disputes, Secretariat’s reputation stands apart in a class all its own,” says Larkin. “The challenges and risks involved in today’s construction projects will only continue to grow more complex. I am excited to join this first-class team and I look forward to growing our capabilities, both in Canada and around the world.”
Mr. Larkin has worked on a range of projects throughout his career, including large-scale infrastructure, commercial buildings, shipbuilding, rail, mechanical and electrical installations, and various civil engineering schemes. He routinely conducts delay analysis, quantum analysis, evidence management, and claims evaluation, and leads the forensic investigation into causes of delay and the analysis of large quantities of complex data. His experience spans several countries and regions, including Canada, UK, Malaysia, Indonesia, and the Middle East.
“Few individuals have earned the standing Chris commands as an expert in construction delay and quantum matters,” says Managing Director Don Harvey. “The opportunity to add his talent to the team is a significant win, not just in Canada, but for the work we do and clients we serve around the world.”
Mr. Larkin is a notable industry thought leader, having earned recognition in Who’s Who Legal’s Thought Leaders Global Elite – Construction Experts 2023. Additionally, he regularly presents at industry events and is a frequent contributor to Construction Week, a Middle East weekly publication. He holds a Bachelor’s of Engineering from the University of Plymouth where he graduated with honors. He also holds a Bachelor of Laws with honors from the University of Wolverhampton.
Secretariat is pleased to announce Hitesh Patel as the firm’s newest Managing Director based in London. With more than 30 years of international experience in addressing fraud, misconduct, and the effectiveness of regulatory compliance programmes, Patel adds significant new investigative capabilities that complement the firm’s disputes and economic advisory services.
Throughout his career, Patel has led numerous assignments with a focus on complex multi-jurisdictional issues such as bribery and corruption, anti-money laundering/counter-terrorist financing (AML/CTF), sanctions, financial misrepresentation, fraud, and market abuse, among others. He works closely with General Counsel’s offices of large multinational organizations and their legal counsel in support of disciplinary, civil, criminal, and regulatory actions. Additionally, he is known for his expertise in applying forensic technology and advanced data analytics to protect clients’ commercial interests.
“Every global organization faces many risks from bad actors, both inside their companies and from outsiders who wish to do them harm. Often, they do not know what is occurring until it is too late, and the consequences can be devastating. Pinpointing and mitigating these risks is essential to avoid the worst possible scenarios,” says Secretariat Managing Director Don Harvey. “Few people in the world know the dynamics involved in complex investigations like Hitesh. We are lucky to add his expertise and thrilled to have him as a member of the team.”
Patel adds, “Secretariat is intricately involved in some of the world’s most sensitive legal, regulatory, and business challenges. Understanding the role fraud, misconduct, and other risks may play can often be the difference between a successful outcome or catastrophe. I am excited about the opportunity to bring my skills to Secretariat’s clients and to work alongside the firm’s world-class team of experts.”
Patel has served a wide range of clients across various sectors, including pharmaceuticals and life sciences, oil and gas, defense, banking, engineering, private equity, and governmental bodies. As a recognized thought leader in the field of white collar crime, Patel has been a regular commentator in the media on topical matters and has written numerous articles and co-authored books on the subject, including “Managing Risk and Resolving Crisis” for the Financial Times and a guide on “Criminal Investigations” for Tolley’s Guide on Accountancy and Litigation Support.
Patel is a Fellow of the Institute of Chartered Accountants in England and Wales and formerly served as a Board Member of the UK’s Fraud Advisory Panel.
Secretariat welcomes James Hanson as the firm’s newest Managing Director based in London. Hanson is a civil engineer with more than 25 years of experience providing expert advisory services to address commercial and contractual risks in large-scale capital projects. Complementing Secretariat’s significant depth in disputes and quantum analysis, he specializes in providing expert advice to establish, deliver and turnaround projects in the construction, infrastructure, life sciences, and other complex industries.
Hanson is regularly engaged to help clients evaluate and optimize their delivery capabilities, from identifying performance improvement opportunities to establishing project management offices, governance environments, and executive reporting protocols. He has developed new time and cost forecasts to turnaround capital projects, designed systems to address cost over runs, and reviewed numerous project portfolios to address risks in the context of mergers and acquisitions.
“James understands the inherent risks involved with large-scale, capital-intensive projects unlike other experts in the market,” says Managing Director Don Harvey. “He knows what it takes to avoid the pitfalls that can emerge when projects are not managed properly, and his ability to diagnose and remedy complex issues makes his expertise truly unique and valuable. Having James on our team adds new depth to our capabilities and is a win for our clients.”
“Secretariat works at the center of some of the world’s largest, most complex capital projects. The firm has earned the reputation as the preeminent team of experts when potential disputes put everything on the line,” says Hanson. “I am excited to join the firm as it continues to grow and expand its advisory capabilities.”
Hanson earned his MBA from Bayes Business School (London) and holds a BEng, with honors, in Civil Engineering from Queen Mary University (London).
Secretariat welcomes Managing Director Fred Selck, Ph.D., to the firm’s Economics practice based in Washington, D.C. Highly regarded for his work at the intersection of healthcare and economics, Dr. Selck joins a rapidly growing team of more than 100 economists, including nearly 50 Ph.D.’s and a practice that has added new capabilities through the firm’s recent addition of economic consulting firm Intensity.
Dr. Selck brings extensive experience in health economics, applied economics, innovation, and intellectual property. He has leveraged this expertise to answer questions related to asset valuation, commercial reasonableness, market definition, competition, and class certification. Dr. Selck has provided analysis and testimony in a wide range of complex healthcare and life sciences matters as part of more than a decade of experience as a consulting and testifying expert. He has testified in U.S. District Court, U.S. Bankruptcy Court, and the Delaware Court of Chancery.
“Dr. Selck’s rich background in the economics of healthcare, insurance, and healthcare policy — in addition to his academic strengths — are a wonderful addition to our team and a benefit to our clients,” said Managing Director Ryan Sullivan. “This is an area of litigation consulting that we are thrilled to expand and I look forward to tackling complex challenges together.”
Secretariat Managing Director Don Harvey added, “In the ever-growing market of complex healthcare litigation, Dr. Selck’s expertise is a unique addition that will benefit our clients tremendously. His knowledge and skills are best in class, and I am thrilled to welcome him to Secretariat as part of our Economics team.”
“I am pleased to begin this new chapter of my career with Secretariat and the outstanding economists in D.C. and across the firm,” Dr. Selck stated, “Secretariat is well-regarded for its consulting work in healthcare and life sciences matters. I look forward to working alongside this exceptional team.”
Prior to Secretariat, Dr. Selck was a Partner at Bates White where his life sciences and healthcare expertise were applied to a wide variety of matters that included patent infringement, antitrust, False Claims Act, and fraudulent conveyance claims. Previously, he was a fellow at the National Center for Health Statistics and part of the Health Economics Research Group at the Centers for Disease Control and Prevention.
Dr. Selck is a member of the Professional Faculty in Health Economics and Health Finance at Johns Hopkins University, where he teaches graduate-level courses in health economics, innovation, and healthcare finance. Further, his work has been published in peer-reviewed journals such as Health Services Research, Journal of Public Health Management and Practice, Statistics in Medicine, and Annals of Surgery.
Dr. Selck earned his Ph.D. in Applied Economics from Johns Hopkins University. He received his master’s and bachelor’s degrees in Economics from City University of New York, Hunter College.