Damages and Litigation Support
Many of our engagements involve the determination of damages. Our experts have provided consulting, expert opinions, and testimony on damages in numerous jurisdictions and in arbitration proceedings. Coherent Economics also routinely supports clients in mediation and settlement negotiations, and assists in evaluating potential agreements. We take pride in our ability to clearly and persuasively convey the theory and method used to calculate damages.
Areas of Expertise
We rely on sound application of economic theory, including econometric techniques, and detailed empirical analysis to analyze damages in a variety of contexts. Our experts, affiliates, and team have been engaged to provide damages analyses in matters involving:
- Price fixing
- Exclusionary conduct
- Intellectual property
- Breach of contract
- Securities fraud
- Merger consideration
- Investment allocation & fund selection
Select Prior Engagements
- Coherent Economics was retained to analyze damages resulting from an alleged price fixing conspiracy among manufacturers of TFT-LCD panels brought by a class of merchants including Best Buy. Dr. Alan Frankel issued an opinion on damages, with assistance from Drs. Roy Epstein and Daniel Shoag. The litigation resulted in recoveries of more than $250 million to the merchant class.
- Dr. Frankel was engaged to provide opinions regarding liability and damages in litigation against Visa and MasterCard brought by a class of merchants alleging that anticompetitive conduct had caused the merchants to pay excessive fees. The litigation settled for over $6 billion, which is reported to be the largest private antitrust settlement in history.
- Dr. Frankel developed a methodology for valuing software technology with little or no sales, and testified at trial on damages resulting from a breach of contract claim brought by ProtoComm Corporation against Novell Advanced Services alleging that Novell had violated an agreement to jointly develop and market software. Dr. Frankel's damages methodology was upheld on appeal.
- Drs. Frankel and Jonathan Arnold were retained to jointly submit a declaration, reply declaration, and supplemental declaration post-trial in the Mahurkar Double Lumen Hemodialysis Catheter patent litigation before Judge Frank Easterbrook. Drs. Frankel and Arnold analyzed and opined on damages resulting from lost sales and price erosion.