Dr. Matt Farber provided trial testimony on behalf of dbest Products Inc. in patent litigation involving a transport cart patent. The jury awarded damages in the exact amount testified to by Dr. Farber.

Secretariat worked with Orbit IP LLC on behalf of dbest Products Inc. in patent litigation involving a transport cart patent embodied by dbest’s Trolley Dolly line of products. The parties had previously stipulated to infringement by Guangzhou Yucheng Trading Co. The issues remaining were damages and willfulness.

During its work, Secretariat analyzed the Panduit factors to determine both whether lost profits were appropriate and the quantum of lost profits. Secretariat also determined a reasonable royalty reflecting the market’s valuation of a license to the patented technology.

Dr. Matt Farber submitted a report and provided expert testimony at trial. Dr. Farber’s work was supported by Associate Alex Gisquet.

After a four-day trial, the jury returned a verdict in favor of dbest with a damages award in the exact amount of the lost profits damages testified to by Dr. Farber. The patent at issue was U.S. Patent No. 9,233,700.

Law 360 (subscription may be required) coverage of the verdict can be found here.

*Work performed by individuals while employed by Intensity, LLC. Intensity was acquired by Secretariat in February 2023.

Dr. Ryan Sullivan provided trial testimony on behalf of ClearPlay in patent litigation involving Dish’s AutoHop commercial-skipping feature. The jury awarded damages of $469,074,468, the exact amount testified to by Dr. Sullivan.

Secretariat worked with Beus Gilbert McGroder, Ray Quinney & Nebeker, and Foley & Lardner on behalf of ClearPlay, Inc. The patents at issue involve technology developed by ClearPlay, a media and communications company that offers parental control solutions that allow users to filter out objectionable content in movies and TV shows. ClearPlay accused DISH Network LLC of infringing its patented technology by providing AutoHop, a feature that provides customers the ability to skip commercials for certain prime-time shows.

During its work, Secretariat evaluated the economic benefits of the patented technology to DISH, including additional subscribers, reduced churn rates, and a price premium for set-top boxes that offer AutoHop. Secretariat determined a reasonable royalty that reflects the extent of DISH’s use of the patented technology.

Dr. Ryan Sullivan submitted a report and provided expert testimony at deposition and trial. Dr. Sullivan’s work was supported by Dr. Aminta Raffalovich and Kristyn Berretta.

After a ten-day trial in Salt Lake City, the jury returned a verdict in favor of ClearPlay with a damages award in the exact amount of the reasonable royalty testified to by Dr. Sullivan. The jury awarded $469,074,468 for infringement of U.S. Patent Nos. 7,577,970 and 6,898,799.

Reuter’s coverage of the verdict can be found here and Law 360 (subscription may be required) coverage can be found here.

*Work performed by individuals while employed by Intensity, LLC. Intensity was acquired by Secretariat in February 2023.

Today Secretariat announced the acquisition of Intensity, LLC, a preeminent US-based economic, finance, and data science professional services firm, significantly enhancing Secretariat’s market leading financial and economics expert services to the legal community. With this acquisition, nearly 50 professionals join Secretariat, contributing significant depth to the firm’s economic advisory and expert testifying capabilities in intellectual property, securities and finance, antitrust, business valuations, and commercial damages.

“The addition of the Intensity team marks an exciting step in Secretariat’s growth story. As one of the most respected teams in the industry, their strong economic and econometric skills add significant new capabilities to our roster in critically important areas to our legal clients, including intellectual property and securities, while adding depth to our existing antitrust team,” said Secretariat Managing Director Don Harvey. “Beyond our complementary skills and expertise, I am very impressed by the caliber of Intensity’s professionals and the impeccable reputation the firm has earned through their quality work and focus on delivering client value. Importantly, the Intensity team shares Secretariat’s commitment to culture and the growth of our professionals while delivering the highest quality service to our clients.”

Established in 2014, Intensity is highly regarded for the powerful research, analysis, and expertise the firm delivers when solving complex economic, financial, and econometric challenges for their clients. Intensity’s client roster includes AmLaw 100 firms and prominent blue-chip corporations and organizations in highly complex industries, from pharmaceuticals and financial services to information technology. Intensity professionals also leverage key relationships with academic research institutions in providing services to their clients. The acquisition establishes new professionals in San Diego and Dallas and expands Secretariat’s presence in key US markets, including New York, Chicago, San Francisco and Washington, DC.

Intensity President Ryan Sullivan Ph.D. commented that, “From the start, our discussions with Secretariat showed the unlimited potential involved in joining forces, from the types of work we do to the clients we serve and the ways we invest in developing our people. Finding the right cultural fit and sense of shared values were imperative to us when considering any partnerships. Now, as a part of Secretariat, we join an amazing and talented team of really smart people who excel at working together on tough challenges.”

With the addition of Intensity, the firm’s economic and regulatory advisory practice includes more than 100 professionals, including 46 experts who hold a PhD or other advanced degree in their field of expertise.

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Nathan Jenks
Director of Marketing & Communications
njenks@secretariat-intl.com
+1.773.220.8896

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Today Secretariat, the preeminent litigation consulting, economic advisory, and expert witness firm, announces the creation of a new Data Solutions practice with the additions of industry veterans Jim Vint and Rebecca Patterson as new Managing Directors. Vint and Patterson join following the recent addition of eDiscovery and digital forensics expert Jon Fowler. Together, the new leaders and Data Solutions team add significant depth to the firm’s industry-leading disputes and regulatory advisory capabilities.

“Every legal and regulatory matter in today’s world involves a complex set of data, privacy, and security issues that must be addressed. To help our clients succeed in this environment requires a depth and breadth of technical expertise attuned to these ever-changing challenges. That is why I am excited to welcome Jim and Rebecca to our team of experts,” said Secretariat Managing Director Don Harvey. “Adding their knowledge and capabilities to the Secretariat team now is an important and natural next step in our growth strategy. Additionally, many of our people have worked with Jim and Rebecca, so we know their skills will add value to our global team and our clients right away.”

Secretariat’s new Data Solutions practice expands the firm’s expert-led capabilities with the addition of global experience in data-driven disputes and investigations; data analytics and automation; data security and privacy compliance; and data risk advisory. Collectively, Vint and Patterson have significant experience working with leading law firms and corporate clients to aggregate and analyze disparate sources of information, design data-driven workflows, and develop advanced analytics- and machine learning-based solutions in response to disputes, investigations, and litigation. Additionally, they work with clients to address existing and emerging data privacy and security compliance obligations and create customized solutions that address an organization’s unique data landscape and data risk profile.

Earlier in January, Secretariat welcomed Jon Fowler, a London-based expert in eDiscovery, digital forensics, and unstructured data analytics. He is experienced in leading and delivering on large, multi-jurisdictional disclosure exercises, with particular focus on financial regulatory investigations and large-scale complex litigation.

“We are extremely excited to join the experts at Secretariat. The Secretariat platform will facilitate our ability to engage with clients on their most critical data issues and address complexities around data risk,” said Vint. Patterson added, “Data risks are dynamic and evolving, particularly in the dispute and litigation portfolios managed by companies and law firms. Clarity and defensibility through data-driven solutions are more important than ever.”

Dr. Ryan Sullivan provided trial testimony on behalf of VLSI Technology in patent litigation involving Intel’s microprocessors. The jury awarded damages of $948,755,789, the exact amount testified to by Dr. Sullivan.

Secretariat worked with Irell & Manella on behalf of VLSI Technology in patent litigation involving a microprocessor patent. The technology at issue provides performance improvements, among other benefits, in microprocessors. Previously, in a separate Texas trial involving VLSI Technology and Intel in March 2021, VLSI was awarded $2.175 billion based upon the work and testimony of Dr. Sullivan.

During its work, Secretariat conducted economic analysis to determine reasonable royalties for the alleged infringement by Intel. This included an assessment of the economic contribution of the patented technology to Intel’s allegedly infringing products and analysis of the economic benefits from use of the patented technology by Intel. As part of its work, Intensity evaluated all fifteen of the Georgia-Pacific factors.

Dr. Ryan Sullivan submitted a report and provided expert testimony at deposition and trial. Dr. Sullivan’s work was supported by Secretariat analytical teams led by Jennifer Rosendin.

After a six-day trial in Austin, the jury returned a verdict in favor of VLSI with a damages award in the exact amount of the reasonable royalty from the analysis Secretariat performed. The jury awarded $948,755,789 for past infringement of U.S. Patent No. 7,606,983.

Bloomberg Law coverage can be found here.

*Work performed by individuals while employed by Intensity, LLC. Intensity was acquired by Secretariat in February 2023.

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Julie Solomon has joined Secretariat Economists as a new Managing Director based in the firm’s Washington, DC office. An energy industry expert with more than 25 years of experience, Julie specializes in regulatory and utility economics, competition, and restructuring.

Julie regularly advises utility clients and legal counsel on a range of regulatory and litigation matters, primarily in the electric and gas industries. She testifies frequently on market power and competition issues, including numerous proceedings before the Federal Energy Regulatory Commission (FERC).

“Julie’s experience and reputation in the complex world of energy regulation and competition is second to none,” says Secretariat Managing Director Don Harvey. “The regulatory environment in the electricity and electric generation markets is growing more complex by the day. With Julie’s counsel, our clients will benefit from one of the most knowledgeable minds in the industry today.”

Earlier in her career, Julie was an economist with the U.S. Department of Labor and has held senior positions in other economic consulting firms. She earned an MBA in Finance from the Wharton School of the University of Pennsylvania and a BA in Economics from Connecticut College.

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We are pleased to announce Jon Fowler as our newest Managing Director. Based in London, Jon brings new expertise to the Secretariat team in eDiscovery, digital forensics, and unstructured data analytics.

Jon has more than 16 years of extensive experience leading and delivering on large, multi-jurisdictional disclosure exercises, with global experience including assignments in North America, Asia, and Europe. He has a particular focus on financial regulatory investigations and large-scale complex litigation.

“The need to address the monumental growth and complexities related to data and emerging technologies is ever-present in the matters we handle around the world. It is imperative we have the expertise to guide our clients through these dynamic situations. Now, with a recognized talent like Jon on our team, we are well positioned to tackle these complex challenges” says Secretariat Managing Director Don Harvey. “I am thrilled to welcome Jon to Secretariat as I know his knowledge and skills will be immediate assets to our clients and the firm overall.”

Jon’s practice focuses on assisting clients with their full disclosure strategy from data scoping and collection through data processing and review to production. He has a particular expertise in technology assisted review and frequently advises on the strategic use of analytics in disclosure exercises.  Jon is regularly recognized by Who’s Who Legal as a leading expert in his field, including being named in WWL’s Data 2023 experts list.

Prior to joining Secretariat, Jon provided eDiscovery and digital forensic services at Ankura, Navigant, FTI, and KPMG. Jon holds a bachelor’s degree in Software Engineering and a master’s degree in Forensic Computing.

Jennifer Vanderhart, Steven Schwartz, Richard Brady, and Aminta Raffalovich author chapter in The Guide to Damages in International Arbitration – Fifth Edition.

Global Arbitration Review has published the fifth edition of The Guide to Damages in International Arbitration. The guide is designed to assist the global arbitration community in understanding damages issues.

The chapter is titled “The Use of Econometric and Statistical Analysis in Damages” by Jennifer Vanderhart, Steven Schwartz, Richard Brady, and Aminta Raffalovich.

The full article is available here.

The guide is available online and as a PDF download here: Global Arbitration Review.

We are proud to celebrate the hard work and unparalleled talents of our global team that has resulted in the firm earning the No. 2 ranking in Who’s Who Legal‘s Arbitration 2023 Expert Witnesses list, up from No. 3 last year. The list features firms and experts who have distinguished themselves as industry leaders based on their independence, sharp testifying skills, clear communications, and meticulous analytical insights.

We would like to congratulate our 32 professionals who have earned recognition in this distinguished ranking. This includes eight Global Elite Thought Leaders – a designation reserved for the best of the best and earned by less than five percent of practitioners in WWL’s rankings. It also includes eight Future Leaders who are the preeminent names of the next generation of industry leaders.

Learn what industry peers have to say about our ranked professionals as shared with Who’s Who Legal.

GLOBAL ELITE THOUGHT LEADERS

• Mike Allen is a legend of the arbitration market, recognised as “a very practical and excellent” expert who is “very through and produces work that is highly persuasive.”
• Amit Garg is an expert who “knows the case history like the back of his hand” and is “precise and extremely clear on the stand.”
• Liam Holder is a top-tier expert who “works hard to understand a case to its full extent” and “his reports are well written and highly professional.”
• Chris Milburn comes highly recommended by sources, who say he is “a reliable and persuasive expert witness” who is “careful, does not overstate his evidence, and is reasonable in his positions.”
• Howard Rosen takes a spot among the world’s leading arbitration experts, with commentators reporting that he is “my go-to expert” and “has strong expertise in anything involving energy or mining.”
• “Go-to delay expert” Mike Saulsbury is operating at “the top of his game” in the UAE, comment sources, who point to his “excellent attention to detail” as a key strength.
• Kiran Sequeira “stands out for his strategic analysis and performance under cross-examination”, with commentators confirming he is “truly excellent.”
• Matthew Shopp “adds serious value to any matter he handles” with sources saying “his attention to detail, and his ability to convey to lawyers and tribunals complex valuation theories and approaches in a digestible and intelligible manner, are among the very best I have seen.”

FUTURE LEADERS

• Kagan Aktas draws widespread praise for his “excellent oral communication skills” and his “ability to clearly and concisely communicate technically difficult information.”
• Paul Baez “works very hard and is willing to roll-up his sleeves and get out on the field to understand the cases and the businesses for which he provides valuation” and “is very knowledgeable, proactive and responsive.”
• Conrad Bromley “is diligent and thorough in his work” and “has lots of experience in the region and in disputes involving projects and infrastructure.”
• Stuart Dekker impresses market commentators who praise his “impressive grasp of complex materials and highly technical issues” and his “sharp and diligent mind.”
• Julius Koo comes highly recommended this year with peers commended his “smart, quick and hardworking” approach and stating he is “very good and pleasant to work with.”
• Joe Skilton “is very quick on the uptake and has excellent drafting skills” and “very thorough and intelligent.”
• Eddie Tobis “has an impressive knowledge of international law damages principles” and “his work ethic is hard to fault.”
• Stephanie Tombling “has superb attention to detail” and “The quality of her work is excellent.”

GLOBAL LEADERS

• Chaitanya Arora “offers great strategic advice” to clients and “has a real gift for being able to simplify what would otherwise be fairly complex mathematical calculations”.
• Drew Baiter “has a keen mind and is able to break down complex issues into their basic components” and “produces excellent work.”
• Don Harvey is described by sources as “a star performer” and “one of the best-known delay experts” currently practising.
• Terry Hawkins “is highly professional, analytically strong and always provides solid advice” and “clients absolutely love him.”
• Mrinal Jain “epitomises independence, ethics and values in his work” and his “contribution to the international arbitration practice is noteworthy.”
• Mehmet Karakoc “combines powerful cognitive skills with outstanding performance on the witness stand” and “Mehmet’s expertise in construction cases is second to none.”
• Mike Kling “leads the market” and “is highly recommended as a quantum expert.”
• Alexandre Rivière receives considerable recognition for his work as an expert, with sources saying they are “impressed by his responsiveness, efficiency and broad knowledge.”
• Paul Roberts “is fantastic at handling complex quantum matters” and “is very experienced and reliable.”
• Garret Rush “sits amongst the leading damages experts” and “is a true problem solver.”
• Ted Scott “handles analysis quickly and accurately” and is appreciated as an expert who “produces fantastic reports” for clients.
• Almir Smajlovic “brings a holistic approach to clients’ cases” and “He has strong international testifying experience, making him a top choice for cases in the South-Eastern Europe region.”
• George Taft “is articulate and authoritative and also very attentive” and “very sensible and pragmatic.”
• Mark Taylor enjoys a formidable reputation in the arbitration market, and is lauded as “an excellent and impressive expert” whose “expertise is highly regarded.”
• Travis Taylor is “very articulate and can explain his choices concisely” and “has the capacity to think outside of the box”, say sources.
• Meera Wagman is describes as, “extremely bright and practical” with sources saying, “I would not hesitate to recommend.”

Economist recognized in the category of “Financial Advisory and Valuation – Quantum of Damages”

Managing Director Dr. Jennifer Vanderhart has been recognized in the Who’s Who Legal (WWL) Consulting Experts 2022. She is ranked as a Recommended Global Leader, in the category of “Financial Advisory and Valuation – Quantum of Damages”. This is the fourth consecutive year that Dr. Vanderhart has received this recognition from WWL.

WWL says, “Jennifer Vanderhart possesses over 25 years’ expertise in economic damages pertaining to IP law, and comes highly recommended by sources for her ‘fierce intellect.’”

As noted in the listing’s professional biography, Dr. Vanderhart has experience in the evaluation and quantification of economic damages including claims arising from patent, copyright and trademark infringement, trade secret misappropriation, contract disputes, employment discrimination and claims of expropriation by foreign governments. She has assisted companies in patent and trademark licensing negotiations, royalty investigations and calculations, and intellectual property and asset valuations. Dr. Vanderhart can communicate complex analyses in a clear and concise manner whether talking to a panel, jury, judge, or client.

Who’s Who Legal is one of the world’s leading directories of consulting experts. Dr. Vanderhart’s profile in the Global Guide may be found here.

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About Who’s Who Legal

Since 1996 Who’s Who Legal has identified the foremost legal practitioners in multiple areas of business law. It is one of the world’s leading directories of legal practitioners and non-lawyer consulting experts.

Managing Director Steven Schwartz has contributed to a chapter of the second edition of Trade Secret Protection: A Global Guide. The chapter is co-authored with Christopher Gerardi and Hong Qiao of Charles River Associates.

The guide demystifies the law of trade secrets in 29 jurisdictions, covering substantive and procedural aspects of both criminal and civil law and exploring the final remedies available under each. Designed to provide clear, comprehensive and practical guidance, this edition is a powerful tool for anyone requiring a broader and fuller understanding of trade secret protection globally.

In Chapter 1, “An overview of trade secret misappropriation damages,” Christopher Gerardi, Hong Qiao, and Steven Schwartz address the practical application of economic and accounting principles to the statutory framework generally recognized by most countries that provide for the recovery of monetary damages.

Trade Secret Protection: A Global Guide, Second Edition, is available for purchase here.