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Commercial Damages

Principals of The Brattle Group work with clients on commercial damages issues arising from a wide variety of actions including antitrust, patent infringement, breach of contract, fraudulent disclosure, toxic tort, and product liability. We present economic analysis and information clearly, and defend principled economic and finance arguments while exposing the flaws in opposing opinions. We have provided expert testimony in federal and state courts, in administrative proceedings, and before U.S. and international arbitrators and mediators.

In addition to serving as expert witnesses, we support leading academics with whom we work. Our academic principals include Daniel McFadden, Professor of Economics at the University of California at Berkeley and recipient of the 2000 Nobel Prize in Economics in recognition for his pioneering work in econometrics, and Stewart Myers, Professor of Finance at MIT’s Sloan School of Management and a co-author of the world’s best-selling graduate textbook on corporate finance.

Our senior advisors also form an extensive network of distinguished academics in economics, finance, and accounting. They bring to our client engagements exceptional credentials and industry expertise in commercial damages matters.

The Brattle Group’s industry experience in this area includes: Agricultural Products, Airlines, Banking, Consumer Products, Credit Cards, Computer Hardware and Software, Electricity, Financial Institutions, Industrial Products, Insurance, Media and Broadcasting, Medical Devices, Metals and Mining, Natural Gas and Petroleum, Pharmaceuticals, Railroads, Semiconductors, Shipping, and Telecommunications.

Our Focus

  • Quantifying damages using techniques such as creating and evaluating sophisticated financial models, applying comparables and option valuation approaches, and conducting econometric and statistical analyses such as event studies
  • Analyzing alternative damages theories, such as reliance, restitution, lost profits or expectancy, and out-of-pocket costs
  • Identifying and quantifying mitigation opportunities
  • Developing and critiquing “but for” assumptions and projections
  • Performing industry analyses, including evaluating market size, prices, seasonality, and substitutes under alternative assumptions
  • Estimating the cost of capital
  • Conducting forensic accounting investigations

Representative Engagements

See Also

 
 

Related Experts

Principals:
Coleman D. Bazelon
Lynda S. Borucki
Darrell B. Chodorow
Michael I. Cragg
Gregory M. Duncan
Seth T. Kaplan
Carlos Lapuerta
Steven H. Levine
M. Alexis Maniatis
Daniel L. McFadden
Stewart C. Myers
Kevin Neels
Matthew P. O'Loughlin
David Robinson
Benjamin A. Sacks
Gerald A. Taylor
Robert W. Wilson
Kenneth T. Wise

Senior Advisors:
Richard A. Brealey
Frank A. Felder
Michael A. Goldstein
David R. Kamerschen
Dennis E. Logue
Alan L. Madian
David E. M. Sappington
Marius Schwartz
Bruce A. Seaman
William B. Tye
Mark T. Williams
Timothy Wyant

Senior Consultants:
Lisa J. Cameron

Senior Associates:
Richard Caldwell
Evan Cohen
Armando Levy

Selected Publications

Litigation Brochure
Corporate Brochure
Antitrust Damages from Lost Opportunities
How to Value a Lost Opportunity: Defining and Measuring Damages from Market Foreclosure
LITIGATION STRATEGY: Back in Vogue
DAMAGES: Estimating Product Liability
Can Mergers to Monopoly, Price Fixing, and Market-Division Agreements Raise Welfare?
The Misuse of Econometrics in Estimating Damages
PATENT DAMAGES: Dynamic Models for Dynamic Markets
TOXIC TORTS: The Science of Estimating Damages
Economic Expert Testimony in the Post Daubert/Kumho Era
Damages, Antitrust Litigation: Strategies for Success