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In Landmark United States v. Google Decision, Secretariat Experts Support Expert Witness on behalf of Successful US Plaintiffs

In the August 2024 landmark United States v. Google decision, Secretariat’s Antitrust team, led by Dr. Keith Waehrer, played a vital role in supporting the analysis and work of expert witness Dr. Kinshuk Jerath on behalf of the successful US plaintiffs.

Dr. Jerath’s testimony centered on topics related to advertising markets and Google’s anticompetitive behavior, particularly in the text advertising market. Judge Amit Mehta’s decision made note of Dr. Jerath’s testimony, citing that “the marketing funnel is neither ‘dead’ nor had it become ‘obsolete’ because of the emergence of digital marketing and new ad technologies,” and that industry professionals “… continue to use the funnel to shape marketing strategies, even on digital platforms.”

Dr. Jerath is the Arthur F. Burns Professor of Free & Competitive Enterprise & Advisor in Digital Marketing at the Columbia Business School, Media and Technology Program. Secretariat’s team included John Gale, Trevor Larner, Josh Higham, and Ty Ehuan.

Robert Stoner and Jéssica Dutra Analyze the Music Industries’ Economic Impact Nationwide in Report Authored for the Recording Industry Association

Dr. Robert Stoner and Dr. Jéssica Dutra have recently published The US Music Industries: Jobs & Benefits — 2024 Report for the Recording Industry Association of America where they measure the music industries’ economic impact nationwide, which overall contribute $212 billion to the GDP and account for 2.5 million jobs. Their report also provides a detailed state-by-state breakdown, delving into how this economic engine ripples through the broader ecosystem from sources such as music venues, festivals, brick-and-mortar stores, and artists’/songwriters’/music schools’ digital platforms. The report has been referenced by Billboard, Digital Music News, RIAA, and Musically.

Game Publishers Win Class Certification in Valve Antitrust Litigation

A US District Court for the Western District of Washington granted class certification to a class of approximately 30,000 PC game publishers (“Plaintiffs”) alleging antitrust violations against Valve Corporation, the maker of gaming platform Steam. The court concluded that Plaintiffs presented a cogent market definition, met the predominance burden for antitrust injury, and had shown that damages can be measured across the class. Secretariat Managing Director Dr. Steven Schwartz submitted three reports arguing in favor of class certification on behalf of Plaintiffs. The court also rejected all challenges to Dr. Schwartz’s testimony.

Secretariat’s Testimony Helps Secure a Legal Victory for Biotech Startup in $460 Million Trade Secrets Case

Dr. Richard Manning provided trial testimony that contributed to a decisive legal victory for biotech startup Inhibrx in a $460 million trade secrets case brought by I-Mab Biopharma in Delaware federal district court. Dr. Manning was engaged by law firms Potter Anderson and Wilson Sonsini Goodrich & Rosati to provide expert testimony and respond to the damages claims for this case.

On November 1, 2024, a federal jury in the US District Court for the District of Delaware unanimously sided with Inhibrx, rejecting all allegations of misappropriation and awarding the plaintiff $0 in damages, based in part on Dr. Manning’s testimony.