Kelly Lear Nordby

Kelly has over 20 years of experience providing clients with rigorous economic analyses of damages, loss, and class certification issues. She has submitted expert reports and provided testimony in arbitration and federal court. She has worked on matters involving allegations of price fixing, bundling, foreclosure, breach of contract, breach of fiduciary duty, breach of statutory duty, non-disclosure of product defects, abusive tax shelters, environmental contamination, crop damages, property value diminution, patent infringement, and patent misuse. These matters span a broad range of industries, including agriculture, airlines, automobiles, banking, chemicals, energy, freight transportation, healthcare, mortgage servicing, pharmaceuticals, retail pharmacies, vaccines, memory storage, and other consumer products.

Kelly directs analyses of large datasets and is adept at using a variety of econometric modeling techniques, including regression analysis, conjoint analysis, difference-in-differences, and synthetic control methods. In addition, she applies her expertise in finance to analyze or develop models of counterfactual investment portfolio returns, lost profits, reasonable royalties, and prejudgment interest.

Kelly conducts research and has published articles on class certification, antitrust, and industrial organization. She has previously taught graduate and undergraduate level economics and statistics courses at Northeastern University, the University of San Francisco, Indiana University – Purdue University at Indianapolis, and Indiana University. She has also held positions with other global consulting firms. She is an active volunteer and has served as treasurer for two non-profit organizations.

Kelly’s professional experience includes:

• Breach of Contract/Consumer Class Action: Retained as expert and provided testimony on matters alleging overcharges related to usual and customary prices for prescription drugs.
• Breach of Fiduciary Duty: Retained as expert on matters involving alleged breaches of fiduciary duties for private and public clients. Directed teams in reconstructing investment portfolio actual market values and returns. Analyzed and critiqued opposing experts’ estimates of damages and prejudgment interest. Developed counterfactual portfolios and prepared damage estimates for use in settlement or mediation.
• Breach of Statutory Duty: Retained as expert on a matter involving an alleged breach of statutory duty for government clients. Analyzed plaintiff’s claim of that defendants’ failure to perform its statutorily mandated duty had an adverse economic impact, resulting in lost tax revenue. Critiqued opposing expert’s damages estimate.
• Antitrust Class Actions: Provided consulting expert services analyzing class certification and damages issues for matters involving allegations of anticompetitive conduct, including price-fixing, bundling, and foreclosure. Led team in analyzing and compiling multiple datasets containing direct and indirect sales data, rebates, price adjustments, orders, calls, and notes data with over 60 million observations.
• Consumer Class Actions: Provided consulting expert services analyzing and critiquing consumer surveys, choice-based conjoint analyses, and estimates of price premiums for matters involving alleged failure to disclose product defects.
• Patent Misuse: Provided consulting expert services analyzing the asserted relevant product market for evidence of market power and anticompetitive effects for a matter involving alleged patent misuse.
• Mortgage Banking: Provided consulting expert services analyzing consumer and residential mortgage servicing data and estimated damages in professional liability, fidelity bond claim and breach of contract litigation alleging negligence, imprudent lending, servicing failures, and fraud. Led teams to compile and analyze data from disparate sources totaling over 115 million records.