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Kenneth T. Wise

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Kenneth T. Wise

Principal

San Francisco
Ken.Wise@brattle.com
Voice: +1.415.217.1000
     

Education

Massachusetts Institute of Technology, Ph.D. in Economics; Harvey Mudd College, B.S. in Physics
 

Biography

Dr. Wise specializes in the application of economics and statistical techniques to analyze damages issues in connection with business and environmental litigation. He has developed expert economic analyses in connection with toxic tort, breach of contract, antitrust, and product liability matters.

Much of his work has addressed economic issues associated with environmental problems, including the impact of hazardous waste on property values, the allocation of Superfund liabilities, the economic benefits derived from delayed compliance with environmental regulations, and the impact of contamination on natural resource values. Dr. Wise has presented expert testimony in state and federal court and before administrative law judges, regulators, arbitrators, and mediators.
 

Selected Publications

  • "Damages, chapter 7 in 'Econometrics: Legal, Practical, and Technical Issues," by Daniel L. McFadden, Kenneth T. Wise, Susan Guthrie and Paul Liu, ABA Section of Antitrust Law, 2006.
  • "The Misuse of Econometrics in Estimating Damages," by Daniel L. McFadden, Kenneth T. Wise, Susan J. Guthrie and Paul C. Liu, The Brattle Group, Inc. (first page downloadable).
  • PATENT DAMAGES: Dynamic Models for Dynamic Markets 2003 No. 1 (Economics).
  • "The Life Cycle of a Flawed Concept: Wrongful Profits Rejected in Vermont," by Kenneth T. Wise and M. Alexis Maniatis, Environment Reporter, July 2003.
  • "Measuring Mountains and Molehills: Property Impact Claims," by Kenneth T. Wise, Matthew A Barmack and Paul C. Liu, 8th Section Fall Meeting of the American Bar Association Section of Environment, Energy, and Resources, 2000.
  • "Decision in U.S. v. WCI Steel Inc. Departs from U.S. EPA's 'BEN' Methodology," by Kenneth T. Wise and Robert H. Fuhrman, Environmental Compliance and Litigation Strategy, 2000.
  • "An Approach to Environmental Civil Penalty Cases," by Kenneth T. Wise, Robert H. Fuhrman and M. Alexis Maniatis, Environmental Compliance and Litigation Strategy, 1999.
  • "Civil Penalty Cases Raise Issues for Plaintiffs and Defendants," by Kenneth T. Wise and Robert H. Fuhrman, Environmental Compliance and Litigation Strategy, 1998.
  • "Consideration of 'Wrongful Profits' in Environmental Civil Penalty Cases," by Kenneth T. Wise and M. Alexis Maniatis, Environment Reporter and National Environmental Enforcement Journal, 1998.
  • "Allocation of Orphan Shares in the Face of Economically Divisible Harm," by Gayle S. Koch, Kenneth T. Wise, and M. Alexis Maniatis, Chemical Waste Litigation Reporter, 1998.
  • "Insurance Recovery for Manufactured Gas Plant Liabilities: Valuation, Optimization and Settlement Strategies," by Gayle S. Koch, Kenneth T. Wise, and Philip Q Hanser, Public Utilities Fortnightly, 1997.
  • "Allocating CERCLA Liabilities: The Applications and Limitations of Economics," by Gayle S. Koch, Kenneth T. Wise, and M. Alexis Maniatis, Toxics Law Reporter, 1997.
  • "Economists, Orphans, and Superfund Allocation: Clearing Up the Controversy," by Gayle S. Koch, Kenneth T. Wise, and M. Alexis Maniatis, Chemical Waste Litigation Reporter, 1997.
  • "Government Expands Economic Benefit Concept Using Flawed Theory in U.S. v. Dean Dairy," by Kenneth T. Wise and M. Alexis Maniatis, Toxics Law Reporter, 1997.
  • "The Economic Benefit of Noncompliance: A Response," by Kenneth T. Wise and M. Alexis Maniatis, Toxics Law Reporter, 1997.
  • "Use of After-Tax Risk Theory in Calculating EPA Penalties: Counterpoint," by Kenneth T. Wise, Robert H. Fuhrman and M. Alexis Maniatis, Toxics Law Reporter, 1997.
  • "Breaking the Impasse: Structured Analysis to Mediate Insurance Disputes," by Gayle S. Koch and Kenneth T. Wise, BNA's Insurance Coverage Litigation Report, 1996.
  • "Estimating Natural Resource Damages with and without Contingent Valuation," by Daniel L. McFadden, Kenneth T. Wise, and Susan J. Guthrie, The 88th Annual Meeting of the Air and Waste Management Association, June 1995.
  • "Using Decision Analysis to Manage Environmental Costs," by Gayle S. Koch, Kenneth T. Wise, and Paul R. Ammann, Journal of Environmental Regulation, 1995.
  • "Time to Remodel: Challenging the Use of BEN and ABEL in Environmental Litigation," by Gayle S. Koch, Kenneth T. Wise, and M. Alexis Maniatis, Hazardous Waste Strategies Update, 1995.
  • "Correct Estimation of Stigma Damages: Avoiding the Pitfalls," by Kenneth T. Wise and Susan J. Guthrie, Mealey's Litigation Reports: Toxic Property Damage, 1995.
  • "The Best Approach To Environmental Compliance: It Makes More Sense to be Proactive Than Reactive," by Paul R. Ammann, Gayle S. Koch, Kenneth T. Wise, and M. Alexis Maniatis, Chemical Engineering, 1995.
  • "Evaluating Costs - Accounting for Uncertainties," by Gayle S. Koch, Kenneth T. Wise, and Paul R. Ammann, Chemical Waste Litigation Reporter, 1994.
  • "Filling the GAAP: An Approach to Improve SEC Disclosure of Environmental Liabilities," by Paul R. Ammann, Gayle S. Koch, Kenneth T. Wise, and M. Alexis Maniatis, Journal of Environmental Law & Practice, 1994.
  • "Controlling Costs and Improving Performance: Strategic Analysis of Litigation," by Gayle S. Koch, Carlos Lapuerta, Kenneth T. Wise, and Vincent Gallogly, ACCA Docket, 1994.
  • "The Enigma of Stigma: The Case of the Industrial Excess Landfill," by Kenneth T. Wise and Johannes P. Pfeifenberger, Toxics Law Reporter, 1994.
  • "EPA's New BEN Model: A Change for the Better?," by A. Lawrence Kolbe, Kenneth T. Wise, and M. Alexis Maniatis, Toxics Law Reporter, 1993.
  • "Estimating Contingent Environmental Liabilities: An Approach to Achieve SEC Compliance," by Paul R. Ammann, Gayle S. Koch, Kenneth T. Wise, and M. Alexis Maniatis, Toxics Law Reporter, 1993.
  • "EPA's 'BEN' Model: Challenging Excessive Penalty Calculations," by Paul R. Ammann, A. Lawrence Kolbe, Kenneth T. Wise, and Scott DuBoff, Toxics Law Reporter, 1992.
  • "Valuing the Pursuit of Insurance Coverage for Environmental Liabilities," by Gayle S. Koch and Kenneth T. Wise, Coverage Magazine, 1992.
  • "Confronting Environmental Problems in an Uncertain World," by Kenneth T. Wise, Southeast Bank Landfill Conference, January 1991.
  • "Remedial Cost Estimation System for Superfund Sites," by Paul R. Ammann and Kenneth T. Wise, Fifth National Congress on Management of Uncontrolled Hazardous Waste Sites, November 1984.
 

Areas of Expertise