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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:
Andrew Abere
Coleman D. Bazelon
Mark P. Berkman
Lynda S. Borucki
Lisa J. Cameron
Darrell B. Chodorow
Evan Cohen
Michael I. Cragg
José Antonio García
Steven Herscovici
Paul Hinton
Carlos Lapuerta
Steven H. Levine
M. Alexis Maniatis
Pedro L. Marin
Daniel L. McFadden
Stewart C. Myers
Kevin Neels
Matthew P. O'Loughlin
Benjamin A. Sacks
Gerald A. Taylor
Robert W. Wilson


Principals Emeriti:
William B. Tye
Kenneth T. Wise


Academic Advisors:
Richard A. Brealey
Michael A. Goldstein
Robert E. Hall
David R. Kamerschen
Dennis E. Logue
Tomas J. Philipson
David Robinson
David E. M. Sappington
Marius Schwartz
Bruce A. Seaman
Mark T. Williams


Senior Associates:
Richard Caldwell
Natasha S. Dupont
Armando Levy
Pallavi Seth

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