Various needs for court-appointed neutral economic experts.
Forensic Economic Services | September 9, 2020
Various needs corresponding to an economic question
Below are some examples
| Dispute | Economic Questions | |
| Patent infringement | Commercial success (validity)Reasonable royalties lost profits FRAND terms | Public interest analysis for injunctive reliefPunitive damages (willful infringement) |
| Antitrust | Relevant markets market power Monopolization and vertical restraintsMonopsonyPrice fixing and horizontal agreementsBundling | Loyalty rebatesExclusionary practices Raising rivals’ costRefusals to dealEfficienciesConsumer-welfare effects |
| Securities | Earnings manipulation and inadequate disclosureForeign exchange transactions | MaterialitySecurity price formationLoss causation |
| Labor and Employment | Discrimination in compensation and compensation structuresUncompensated labor and earnings loss | Post-employment covenants Wage and hour penaltiesDisparate impact Trade secret misappropriation |
| Merger control and review | Relevant marketsEfficienciesUnilateral and coordinated effects Consumer-welfare impact | Entry conditions Tunney Act review Modification of consent decrees |
| Contract and tort disputes | Royalties, pricing Expectation damages Restitution damages | Consequential damages Unfair competitionDefamation and disparagement |
| Copyright infringement | Lost profitsPrice erosionProfit disgorgement | Reasonable royaltiesCorrective advertising |
| Trademark infringement | Diminished trademark value Increased costsDelayed profits | Defendants’ profits Unjust enrichmentDiminished goodwill |
| Class actions | Class certification | Attorneys’ fees |
| Government takings | Just compensation | |
| Regulated industries | Rate designRatemaking | Cost recoveryRegulatory takings |
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