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.

—

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.

Intensity receives recognition with five experts included in the 2022 IAM Patent 1000: The World’s Leading Patent Professionals.

Intensity, LLC*, and five economic experts have been recognized in the “IAM Patent 1000.” Dr. Ryan Sullivan was recognized for the ninth consecutive year, along with Managing Directors Dr. Nisha Mody, Dr. Steven Schwartz, Dr. Richard Brady and Aminta Raffalovich, J.D./M.S., as top U.S. economic experts in the 2022 edition of Intellectual Asset Management’s IAM Patent 1000: The World’s Leading Patent Professionals.

“Geared up for big-ticket litigation, Intensity has developed the perfect blueprint for answering the most complex economics questions in the courtroom,” the publication noted of the firm. “Its experts combine rigorous research and analytical skills with deep substantive knowledge of economics and courtroom finesse, and are in hot demand.”

The listing further highlighted the recent growth of Intensity. “Growth is a central thread in the outfit’s recent storyline; Intensity has recruited heavily around the country and has added greatly to its support team as well as brought on board new managing directors.”

According to IAM, “hotly tipped members of the team include President Ryan Sullivan, the main instigator of the firm’s growth and success. Ryan often testifies in high-profile patent matters. He is always well prepared and can articulate creative theories in a persuasive and accessible way.”

Dr. Nisha Mody made her debut on the list this year. ‘Nisha is a top testifying expert. Regardless of the complexity of the underlying technology, her reports are thorough and her analysis is always detailed and persuasive. She also stays abreast of developments in the law of damages. Nisha is very easy to work with and offers excellent advice on cross-examining the other side’s expert. Excellent in high-pressure situations, Nisha is extremely focused and is of great assistance to trial teams.’”

Appearing on the list for the second time, Dr. Steven Schwartz was acknowledged for his nearly four decades of experience, noting that he has “settled in well since his 2021 arrival; he works across many industries and can be counted on for a resonant performance in any court.”

For the third year, the list includes Dr. Richard Brady and Aminta Raffalovich. Dr. Brady was recognized for “his remarkable ability to digest and synthesize complicated records. He is a driving force in developing damages theories, in preparing the lengthy and detailed expert reports necessary for complex cases, and in preparing testifying experts for trial and deposition testimony.” Further, the publication highlighted Dr. Brady’s “skill, intelligence, work ethic and tenacity.” Of Ms. Raffalovich, IAM noted her “sterling work in high-technology areas involving social media and streaming innovation… She’s always up to date on the law – and has a legal background – and her data-driven approach renders her reports easy to understand; responsiveness and a willingness to roll up her sleeves are other valuable traits she displays.”

Now in its eleventh year, 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.

*Intensity, LLC was acquired by Secretariat in February 2023.

Managing Director Dominic Persechini provided trial testimony on behalf of Panasonic in patent litigation involving Getac’s laptop designs. Based on the testimony of Mr. Persechini, the jury awarded damages of $17.5 million.

Mr. Persechini was engaged by Haynes and Boone and Crowell & Moring on behalf of Panasonic in litigation alleging that two lines of rugged laptops produced by Getac, Inc. and Getac Technology Corp. infringed three design patents held by Panasonic Holding Corp. The patents in question relate to the rugged design of the laptops.

During his work, Mr. Persechini conducted an economic analysis and provided trial testimony to determine the amount of Getac profits to be disgorged as damages due to Getac’s infringement.

Mr. Persechini submitted an expert report and provided expert testimony at deposition and trial. Following a seven-day trial, the jury returned a verdict in favor of Panasonic, determining that the patents in suit, U.S. Design Patent Nos. D766,232; D756,998; and D785,634, were valid and were willfully infringed. The jury awarded damages of $17,515,616, the exact amount that Mr. Persechini calculated and testified to.

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.

Managing Director, Dr. Steven Schwartz, led a recent American Bar Association CLE webinar. The topic of the webinar is “What Can You Prove with Statistical Evidence, or How Do I know if All Those Numbers Are Good or Bad?”. Moderated by Aminta Raffalovich the webinar addressed how to evaluate meaningful statistical evidence in a variety of legal contexts. “Statistical analysis is meaningful only when we know whether the results are statistically significant,” Dr. Schwartz said.

Dr. Schwartz has over 35 years of economic consulting experience and has applied his expertise in high-stakes disputes related to commercial success, irreparable harm, lost profits, reasonable royalties, economic domestic industry considerations, and unjust enrichment. He has been retained as an economic expert in numerous litigation and non-litigation matters and has provided testimony before the U.S. International Trade Commission and the U.S. Tax Court, federal and state courts.

The webinar recording is available on demand in the ABA’s CLE library for a fee. The webinar is free to ABA members. To access the webinar, click here.

A summary of the webinar has been published by JD Supra. To read the article, please click on the following link: Effective Use of Statistical Analysis in Depositions and Discovery.

Dr. Stan Panis of Intensity* provided statistical analysis on behalf of the Florida Attorney General in a lawsuit over failure to perform due diligence on prescriptions. 

Intensity worked with Kellogg, Hansen, Todd, Figel, & Frederick PLLC on behalf of the Florida Attorney General in litigation alleging that a pharmacy chain failed to perform due diligence on prescriptions for opioid painkillers.

During its work, Intensity analyzed shipments of opioid and related drugs from three major distributors to pharmacies. In addition, Intensity analyzed hundreds of millions of prescriptions for opioids and opioid cocktails filled by two major pharmacy chains, including tens of millions of red-flagged prescriptions that could have prompted the pharmacies to carry out due diligence and document the results.

Intensity designed and implemented statistical samples of about 2,000 prescriptions and scaled up the results to the populations of red-flagged prescriptions. The samples were two-stage samples: in the first stage, 50 pharmacy locations were selected. In the second stage, prescriptions from those pharmacies were selected. The two-stage design reduced the burden on the defendants because many due diligence notes were reportedly kept on paper at their respective locations.

Dr. Stan Panis of Intensity submitted multiple expert reports, provided deposition testimony, and testified at trial. The settlement marks the end of a month-long trial for the final defendant in Florida’s litigation over the opioid crisis. Other defendants had settled before the trial commenced.

ABC News coverage of the settlement can be found here. Law360 coverage (subscription may be required) can be found here. In addition, Bloomberg Law coverage 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 The Trustees of Columbia University in patent litigation involving Norton’s cybersecurity software. Based upon the testimony of Dr. Sullivan, the jury awarded damages of $185 million.

Secretariat worked with Sullivan & Cromwell on behalf of The Trustees of Columbia University in patent litigation involving two cybersecurity patents. Columbia University claimed that five of Norton’s product families infringe its patents. The technology at issue uses machine learning to analyze the behavior of potential malware and improve malware detection.

During its work, Secretariat conducted economic analysis and provided trial testimony to determine reasonable royalties for the alleged patent infringement by Norton. This included an assessment of the geographic scope of Norton’s alleged infringement, evaluation of the economic contribution of the patented technologies to Norton’s allegedly infringing products, and analysis of the economic benefits from use of the patented technologies by Norton. As part of its work, Secretariat evaluated all fifteen of the Georgia-Pacific factors.

Dr. Ryan Sullivan submitted two reports and provided expert testimony at deposition and trial. After a two-week trial, the jury returned a verdict in favor of Columbia University with a damages award that is consistent with Dr. Sullivan’s testimony. The jury awarded damages of $185 million for infringement of U.S. Patent No. 8,074,115 and U.S. Patent No. 8,601,322 through February 2022. This damages award does not include prejudgment interest or potential future running royalties. The jury found that Norton’s infringement of both patents was willful, permitting the Court to potentially enhance the damage award.

Wall Street Journal and Reuters coverage of the verdict can be found here and here. In addition, Law 360 (subscription required) coverage can be found here.

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

[et_pb_section fb_built=”1″ _builder_version=”4.11.1″ da_disable_devices=”off|off|off” global_colors_info=”{}” theme_builder_area=”post_content” da_is_popup=”off” da_exit_intent=”off” da_has_close=”on” da_alt_close=”off” da_dark_close=”off” da_not_modal=”on” da_is_singular=”off” da_with_loader=”off” da_has_shadow=”on”][et_pb_row _builder_version=”4.11.1″ background_size=”initial” background_position=”top_left” background_repeat=”repeat” custom_margin=”|-82px||0px|false|false” custom_padding=”|0px|||false|false” global_colors_info=”{}” theme_builder_area=”post_content”][et_pb_column type=”4_4″ _builder_version=”3.25″ custom_padding=”|||” global_colors_info=”{}” custom_padding__hover=”|||” theme_builder_area=”post_content”][et_pb_text _builder_version=”4.14.8″ background_size=”initial” background_position=”top_left” background_repeat=”repeat” global_colors_info=”{}” theme_builder_area=”post_content”]We are proud to welcome Terry Hawkins as our newest Managing Director based in London. Terry is a regularly appointed quantum expert with more than 17 years of experience in the construction and engineering sectors.

Terry’s practice concentrates on the valuation of construction claims, including the measurement and valuation of works, assessment of termination claims, and the quantification of prolongation and disruption costs. His considerable construction and litigation experience includes engagements in the energy, infrastructure, real estate and oil and gas sectors in the UK, Europe, South America, Middle East, Africa, and Asia. He is regularly called upon to give expert testimony before arbitral tribunals.

“Terry is an extremely talented expert with an impressive track record of building trust and confidence with his clients and colleagues,” says Secretariat Managing Director Don Harvey. “This is an exciting time to welcome him to the Secretariat team as we strengthen our already impressive bench of London-based construction quantum and delay experts.”

Prior to joining Secretariat, Terry provided construction advisory services at Yendall Hunter and Alvarez & Marsal. He also has worked for UK contractors on major UK infrastructure schemes in a range of commercial roles. Terry holds a bachelor’s degree in Commercial Management and Quantity Surveying and a master’s degree in Construction Law and Arbitration. He is a Fellow of the Royal Institution of Chartered Surveyors (FRICS) and a Fellow of the Chartered Institute of Arbitrators (FCIArb).

ABOUT SECRETARIAT

Secretariat is a global independent expert services, litigation consulting, and economic advisory firm. The firm serves a wide range of clients and industries, specializing in international arbitration and litigation; economic damages; valuations; forensic accounting; government contracting; antitrust and competition; and large-scale construction disputes with a focus on delay and quantum analysis. Headquartered in Atlanta, Secretariat operates from multiple offices across North America, Europe, Australia, Asia and the Middle East. The firm has earned several distinctions, including consistent top ten rankings in Global Arbitration Review’s prestigious GAR 100 Expert Witness Firms’ Power Index and having more than 50 professionals included in Who’s Who Legal listings. For more information, visit secretariat-intl.com, connect with us on LinkedIn, or contact us at info@secretariat-intl.com.[/et_pb_text][/et_pb_column][/et_pb_row][/et_pb_section]

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HOUSTON, January 12, 2022 – Today Secretariat, the global expert services, litigation consulting, and economic advisory firm, announced the expansion of the firm’s Damages practice in Houston with the addition of distinguished expert Almir Smajlovic. With more than 12 years of experience in international commercial and investment treaty arbitration, Smajlovic focuses on damages and other financial, economic, forensic, and accounting-related analyses for disputes, valuations, audits, and transactions.

“An exceptional damages expert, Almir’s depth of expertise is second to none and his reputation is top-notch amongst clients spanning a variety of industries and asset types,” says Secretariat Managing Director Don Harvey. “In particular, his experience in the energy sector strengthens Secretariat’s growing focus in this important global industry.”

Smajlovic has led engagements and assessed damages in international arbitration matters held under the auspices of various arbitral forums, including ICSID, ICDR, LCIA, SCC, ICC and SIAC, among others. He has technical expertise in valuation methodologies, including the income, market, cost, and hybrid-based approaches.

Smajlovic has earned the distinct honor of being named by Who’s Who Legal as a “Future Leader” under the age of 45 in the field of arbitration (expert witnesses) for 2020, 2021 and 2022.

Prior to joining Secretariat, he held positions in the Disputes and Investigations practice of Alvarez & Marsal, Financial Economics practice of Charles River Associates, and in the Assurance practice of PricewaterhouseCoopers. Additionally, he spent almost a decade at Kellogg, Brown and Root in the Middle East and Eastern Europe, where he worked in operational and supply chain roles.

ABOUT SECRETARIAT

Secretariat is a global independent expert services, litigation consulting, and economic advisory firm. The firm serves a wide range of clients and industries, specializing in international arbitration and litigation; economic damages; valuations; forensic accounting; government contracting; antitrust and competition; and large-scale construction disputes with a focus on delay and quantum analysis. Headquartered in Atlanta, Secretariat operates from multiple offices across North America, Europe, Australia, Asia and the Middle East. The firm has earned several distinctions, including consistent top ten rankings in Global Arbitration Review’s prestigious GAR 100 Expert Witness Firms’ Power Index and having more than 50 professionals included in Who’s Who Legal listings. For more information, visit secretariat-intl.com, connect with us on LinkedIn, or contact us at info@secretariat-intl.com.

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