Economics

Our economists have extensive experience developing and applying economic and financial models to analyze and quantify damages claims in a wide range of litigation matters, including antitrust, intellectual property, labor and employment, consumer fraud, product liability, and international arbitration. Damages analysis in complex litigation often requires examining outcomes that would have occurred absent the alleged violation(s) such as estimating the prices that would have prevailed, wages that would have been paid, volumes that would have been sold, profits that would have been earned, or the business value that would have been achieved. Ankura Economics is routinely called upon to address each of these issues and to develop damages estimates that are consistent with the workings of the relevant businesses and markets under investigation.

Our economists and statisticians employ theory and quantitative methods, grounded in a thorough understanding of the industry and case facts to provide a full range of economic advice and expert opinions regarding challenges that arise in business, litigation, arbitration, and regulatory disputes. We have extensive experience collecting, analyzing, and interpreting economic data. Utilizing state-of-the-art econometric methods, including multiple regression analysis, conjoint analyses, and other quantitative modeling techniques, we formulate models and test hypotheses to assess issues related to class certification, liability and damages. To ensure sound and reliable results, we identify and critically evaluate potential distortions in the data and perform diagnostic testing. We prepare, compile, and analyze very large, and often disparate, datasets. When appropriate, we collaborate within Ankura to develop innovative solutions that leverage our collective expertise in data science and machine learning.

We conduct economic analyses of patent infringement, trade secrets, non-compete provisions, copyright violation, trademark dilution, and intellectual property (IP) valuation. We construct and evaluate economic damages models, including models of lost profits, reasonable royalties, unjust enrichment, and diminution in value. We also evaluate claims of anticompetitive conduct associated with patent enforcement, and analyze the implications of various types of IP licensing arrangements on competition, including those that are the subject of antitrust counterclaims or that arise from IP litigation settlements.

Corporations, governments, and state-owned enterprises around the world often are involved in complex international disputes. Clients around the world rely on the expert advice and data-driven opinions of Ankura’s dispute resolution professionals in international arbitration forums. Our economists have experience with investment treaty arbitration, damage analysis: historical and lost profits, regulatory tariff reviews, concession contracts, government procurement, schedule delays, cost/quantum analysis, and investment and project valuation. We have testified before many of the leading international arbitration forums including International Centre for Settlement of Investment Disputes (ICSID), International Centre for Dispute Resolution (ICDR), International Chamber of Commerce (ICC) and London Court of International Arbitration (LCIA).

With expertise in labor economics and practical experience with very large and complex employee databases, our economists help companies evaluate their payroll processes and systems to assess potential risk areas and perform liability and damages assessments. We assist with payroll compliance audits, class certification defense, class action wage and hour disputes, as well as discrimination and wrongful termination matters. We serve as expert testifiers in these employment matters across a broad spectrum of industries and markets, including healthcare and life sciences, energy, manufacturing, insurance, transportation, and utilities.

We have deep expertise in the economics of regulation and regulated industries, including energy, healthcare, pipelines, postal, telecommunications, transport, and water. Our economists routinely advise and testify in regulatory disputes involving setting just and reasonable retail, wholesale and interconnection charges, demand modelling, embedded and marginal cost of service, rate-of-return regulation, and performance-based regulation. As many regulated markets become more competitive, we assess the degree of competition in the market; the extent to which deregulation would enhance efficiency and social welfare; the effects of alternative regulatory mechanisms; and assist with restructuring and market liberalization. Our experts have assisted clients and testified in state regulatory proceedings before public utilities commissions and state courts; in
federal regulatory proceedings before the Federal Energy Regulatory Commission (FERC), the Federal Communications Commission (FCC) and federal and state courts and regulatory bodies as well as before international regulatory agencies in the EU, UK, and throughout Latin America and other countries.