In equal employment opportunity litigation, the question of liability – whether a systematic pattern of discrimination exists – often turns on an evaluation of the employer’s policies and procedures, and an analysis of relevant employment data.
Litigation support for antitrust is seldom routine. It must be tailored to each particular case and to the characteristics of each industry involved. Analyses may address not only traditional questions – market definition, market conduct, and market power - but also questions about potential competition, contestability, firm behavior and the credibility of competitive response.
In recent years, litigation arising from the termination of employment relationships has been increasing. Some cases involve allegations of discrimination while others are based on contract law. Our experience in the use of compensation projections in personal injury litigation has made us leaders in providing economic support for employment termination cases.
Econsult has estimated the fair market value of royalties on intellectual property, developed complex corporate models to determine lost profits, and estimated the value of trademarks and other intangibles.
Economic analysis of damages is usually a crucial feature of personal injury cases involving allegations of defective products, medical malpractice, traffic violations or unsafe conditions. An expert must examine the unique facts of each case in the context of actuarial and economic data to project losses of earnings, fringe benefits, and household services.
Valuation and Damage Analysis
An economic analysis of damages is often a critical component of much of the work undertaken at Econsult. Our staff have extensive experience in the development and use of financial and econometric models employed in the determination of damages and in assessing opposing damage calculations.
Class actions consolidate litigation when a large identifiable group of individual plaintiffs have similar claims. In these cases the Court must decide whether to "certify" a class and permit the class representatives to sue on behalf of everyone in the class. Class actions are brought in a wide range of areas including antitrust, employment discrimination, discrimination in consumer markets, securities, consumer fraud and torts. These cases often require sophisticated analyses of individual firm behavior and detailed analyses of large quantities of data.
Regulation and Deregulation
As competition accelerates and the rules of the game
change, regulators, as well as firms in the energy and
telecommunications businesses, must change their strategies.
Incentive structures and market mechanisms must be adapted to
achieve efficient outcomes. Of particular importance, firms must
have appropriate incentives to invest in required
infrastructure. Success in this environment requires
considerable economic expertise and an understanding of the
myriad of institutional considerations, which characterize these
Securities and Finance
Econsult has provided expert analysis of issues of liability and damages arising in securities litigation.
Litigation Support Summary
Economic and statistical evidence has become increasingly important in litigation and regulation in recent years. Using modern theoretical and quantitative methods in combination with our extensive litigation experience, we provide an economic perspective that illuminates the law and produces more favorable outcomes.