Litigation
Economic Research & Consulting Co. (“ERCC”) provides research, consulting, and expert testimony on economic damages issues in litigation, disputes or investigations. ERCC’s economic expertise can be used in connection with litigation or regulatory matters, particularly in the areas of commercial and complex business litigation, intellectual property, healthcare, antitrust, securities, and valuation.
We also provide specialized professional services to law firms, corporations, and governments seeking the highest quality economic, financial, regulatory, strategic, and other business solutions.
ERCC provides our clients significant resources as economists, financial analysts, accountants, and industry experts. Our professional integrity and unbiased, methodical, and creative approach to each consulting project ensure that our clients achieve maximum value from our work.
Our Litigation Team:
ERCC’s team of senior professionals includes seasoned litigation experts formerly with major economic consulting firms, leading economics professors in academia, and a Wall Street veteran. ERCC has offices in Los Angeles and Salem, Massachusetts (Boston), serving the U.S. market. Members of our professional staff have economic damages testimony experience in state and federal courts, arbitrations and various regulatory venues.
Our Difference:
We are unique as an economic consulting firm because of our nimble size and broad talent. Our organizational vision reflects our tenet that law firms hire economic experts – not teams of inexperienced senior consultants working under an expert.
With ERCC, projects are handled personally by senior economists from the beginning to the end as this ensures the best quality advice and eliminates the possibility of lapses during a deposition or trial. This vision of providing conscientious, pragmatic, top-quality integrated service has guided us in achieving excellent results for our clients over the years.
Our services
While focusing on economic and damages issues in commercial litigation ranging from disputes in IP, breach of contract to antitrust claims, our services to the legal community include the following:
• Expert Witness Testimony • Economic Damages Analysis
• Statistical Analysis • Consultant To Counsel On Economic Issues
• Business And Asset Valuations • Risk And Options Analysis
• Advice On Discovery • Transfer Pricing
• Regulatory Investigations • Financial Due Diligence
V A R I O U S L I T I G A T I O N M A T T E R S :
Economic Damages In Commercial Litigation
By applying economic concepts and principles to real world data and evidence, we estimate damages in connection with commercial litigation actions. Relying on sound economics and the law, we compute damages to clearly contrast the actual and "but-for the alleged harm" states of the world. Our damages models are based on standard and defensible methods – employing complex or simple methodologies, as appropriate. For liability assessment, we help our clients ascertain a causal connection between the alleged violation and the economic injury claimed through investigative due diligence and statistical methods.
Intellectual Property And Trademark Infringement Litigation
We evaluate patents, trademarks, copyrights, and other intangible assets for litigation purposes. Our comprehensive analyses can be used to determine the level of misappropriation and consequent harm to the owners of such assets. Using economic methodologies appropriate for each specific situation, we conduct financial and market studies to calculate the lost profits –including price erosion effect – and/or reasonable royalties due because of the alleged infringement.
Antitrust Litigation
ERCC professionals provide economic and industry analyses in connection with antitrust matters in court. We make economic assessments of antitrust related issues such as price discrimination, predatory pricing, and various forms of horizontal and vertical trade restraints. Our work is based on factual examination of events, the application accepted industrial organization concepts, and rigorous statistical analyses. Our work also investigates Issues of monopoly and competition, the application of antitrust laws, and public policy toward business.
Unfair Competition Litigation
We analyze economic issues in Unfair Competition litigation including damages arising from actions including false advertising; "bait and switch" selling tactics; unauthorized substitution of one brand of goods for another; use of confidential information by former employee to solicit customers; theft of trade secrets; breach of a restrictive covenant; trade libel; and false representation of products or services.
Some of the industries with which we have experience and expertise:
Telecommunications | Semiconductors | Energy | Labor | Biotech | Risk And Options Analysis | Aerospace | Real Estate | Professional Services | Healthcare | Securities | Consumer Products | Oil/Petroleum | Higher Education | Chemicals | Public Programs | Computer Hardware | Pension Sytstems | Software | State Lotteries
Telecommunications – Telecommunications Act 1996 related regulatory and other court disputes, Mergers & Acquisitions, Antitrust litigation, Policy Consulting for the ITU and the World Bank
Semiconductors – Patent litigation
Energy – Federal Energy Regulatory Commission (FERC) and State Public Utilities Commission (PUC) matters
Labor – Wrongful termination litigation
Biotech – Patent litigation
Aerospace – Antitrust litigation
Real Estate – Commercial litigation, Trademark litigation
Professional Services – Commercial litigation, professional liability, practice valuation
Healthcare – Mergers & Acquisitions, U.S. Department of Justice (DOJ) Antitrust investigations, Medicare litigation, Pharmaceutical Antitrust litigation.
Securities – 10b-5 Securities litigation, Sarbanes-Oxley matters, in-depth experience in various Wall Street practices
Consumer Products – Various Commercial, and Patent and Trademark litigations across industries, Transfer Pricing
Oil/Petroleum – Oil and Gas Royalty litigation
Higher Education – Policy consulting for state government
Chemicals – Antitrust litigation
Public Programs – Policy consulting for state government
Computer Hardware – Antitrust litigation, Commercial litigation, Transfer Pricing
Pension Systems – Policy consulting for state government
Software – Commercial litigation, investment assessment, Company valuations, Fraudulent Conveyance matters, Transfer Pricing
State Lotteries – Policy consulting for state government