Dr. Buckberg is an economist with over 20 years of consulting, policy, and expert witness experience. She provides consulting services and testimony in litigation and regulatory disputes in finance, complex commercial litigation, and bankruptcy and advises parties in public-private partnerships for infrastructure investment. Her experience spans civil, regulatory, and criminal issues in the United States and Europe and includes testimony in federal and state court and in arbitrations.
Dr. Buckberg has assisted clients in responding to regulatory rulemakings and consulted on regulatory and internal investigations. Her recent expert and consulting work has focused on hedge funds, valuation of complex derivatives, securities class actions, and foreign exchange trading. She is currently serving as Vice Chair of the ABA’s Privatization, Outsourcing, and Financing Committee.
Prior to joining Brattle, Dr. Buckberg served as deputy assistant secretary for policy coordination at the U.S. Treasury Department’s Office of Economic Policy. In this role, she advised the Treasury Secretary and senior staff on policy issues including financial regulatory reform, housing finance, infrastructure, anti-money laundering (AML), virtual currency, and economic policy options for Puerto Rico. Dr. Buckberg led teams in the development and economic analysis of the qualified financial contract, fiduciary duty, and customer due diligence rules. She also played a major role in initiating and executing President Obama’s Build America Investment Initiative on infrastructure, including authoring two white papers on public-private partnerships.
Before her government service, Dr. Buckberg was a senior vice president at NERA Economic Consulting, a vice president at Morgan Stanley, an economist at the International Monetary Fund, and a lecturer at Georgetown University School of Business. She holds a Ph.D. in Economics from MIT and an undergraduate degree from Yale University. Dr. Buckberg is fluent in Spanish and French.
Directed engagement analyzing a hedge fund's losses due to investments in structured products, including subprime mortgages.
Report on effects of proposed SEC Rule 14a-11 on efficiency, competitiveness and capital Formation (co-authored with Jonathan Macey), on proxy access and in support of comments by Business Roundtable. Report was cited in the D.C. Circuit Court’s Business Roundtable decision.
Directed an engagement on economic policies in a European banking crisis during the fall of 2008, working with two leading academics.
Directed engagement to assist a large derivative dealer in filing and valuing ISDA claims on thousands of positions facing against a large defaulted counterparty.
Directed numerous engagements involving securities class actions, including cross-border cases. Estimated damages and predicted settlement values; analyzed the legitimacy of plaintiff claims of fraud; and performed analyses of class certification, liability, materiality, and affected trading volume.
Testimony, Deposition and Expert Report, In re: Vitro, S.A.B. de C.V., United States Bankruptcy Court for the Northern District of Texas, Dallas Division, on analysis of economic and competitive effects of the US Bankruptcy Court failing to enforce contractual provisions on a Mexican firm’s bonds.
Testimony, Deposition, Report and Rebuttal Report (reports co-authored with Thomas McCarthy) in State of New Hampshire Superior Court in The Foundation for Seacoast Health vs. Hospital Corporation of America, et al., on valuation and damages.
Report and testimony in the arbitration between Aris Multi-Strategy Fund, L.P. vs. Quantek Opportunity Fund, L.P., Quantek Asset Management LLC, and Javier Guerra, regarding market conditions during the Fall 2008 financial crisis and hedge fund performance.
July 17, 2017
Published in Law360
This article evaluates a proposed remedy that would allow investors to hold shares in one company in a concentrated industry, or limit their shareholdings to no more than one percent of the industry.
Published in Public Works Financing
Dr. Buckberg reviews the benefits of using tax credit bonds as a debt instrument, and why they should be a key component in new federal infrastructure policy initiatives.
February 22, 2017
Published in Bloomberg Government
Elaine Buckberg poses some critical questions to help assess whether the Trump tax credits will leave a legacy of economically important projects or subsidize private investments with little public benefit.
Elaine lives in Washington, DC with her husband Tim and their cocker spaniel. She enjoys spending time outside, swimming, riding horses, and entertaining friends and family.
Massachusetts Institute of Technology, Ph.D. in Economics
Yale University, B.A. in Economics and English Literature