Steven Schwartz is an economist with extensive experience in economic consulting has been retained as an economic expert in numerous litigation matters and consulting/non-litigation matters. Dr. Schwartz has provided testimony in a variety of federal and state courts and before the U.S. International Trade Commission, and the U.S. Tax Court, and in arbitrated matters. His expertise includes antitrust and competition, intellectual property damages and valuation, damages assessment in complex commercial disputes, class certification, securities, and finance litigation.
He has nearly 40 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.
Examples of Dr. Schwartz’s work include:
- Analysis of pricing behavior by a company that pled guilty to price fixing as a part of a larger conspiracy to determine the impact on the firm and to assess the portion of its price increases attributable to the conspiracy as opposed to non-collusive factors such as cost increases.
- Analysis of antitrust liability and damages issues in connection with an antitrust suit filed against a major global technology and platform business.
- Analysis of antitrust liability issues in connection with Walker Process antitrust claims alleging that the assertion of illegally obtained patents allowed a major global technology company to maintain monopoly power in a market for certain consumer goods.
- Assessment to the damages suffered by a residential home builder and land developer as a result of alleged breaches of contracts and fraud by another home builder. The analysis included a determination of the number of homes the Plaintiff would have built and sold in the absence of the alleged breaches and fraud, as well as the losses the firm would incur as it attempted to re-enter the market, post-fraud.
- Analysis of the commercial success of a branded drug in the context of a Hatch-Waxman dispute; the branded drug was a late entrant into the market, i.e., after the entry of competitors selling generic versions of first and second-generation drugs, and Dr. Schwartz provided an assessment of the drug’s performance and success in the context of a market dominated by generic competitors.
- Analysis of alleged lost profit and reasonable royalty damages claimed by a patent owner as a result of the alleged infringement of a patent for a pharmaceutical compound used in the treatment of certain cosmetic conditions.
- Analysis of reasonable royalty damages from the alleged infringement of patents used in the manufacture of food additives used to alter the taste/texture of processed foods.
- Analyzed the damages suffered by an aircraft manufacturer as a result of a patent infringement by a rival manufacturer of a component of the aircraft at issue. The royalty analysis considered the appropriate royalty in a case in which the infringing product was never sold.
Dr. Schwartz’s consulting background spans many industries, including technology, platforms, pharmaceuticals, consumer goods, electronics, and gaming. He has also consulted on a variety of business, valuation, and strategic planning issues.
Before joining Secretariat, Dr. Schwartz was a managing director at Intensity. Earlier in his career, Dr. Schwartz was a vice president at Charles River Associates and, previously, a managing director at Alvarez & Marsal Global Forensic and Dispute Services. Dr. Schwartz also spent more than two decades at NERA Economic Consulting. He has published numerous papers in economics journals and has co-authored articles for the Practicing Law Institute and American Bar Association publications.