Private Litigation
Testifying
Pierre Cremieux
President, BostonMy role in this case evolved over time and had multiple dimensions. My responsibilities included interacting with counsel, who are typically the best informed about the facts in the case, and interacting with experts, who have the very tough job of absorbing massive amounts of information, determining what methods must be used to get robust results, and, ultimately, with our help, determining how best to present these results. The most important part of my job, however, was to get out of the way of the very talented group of people I work with and to listen carefully to everyone’s ideas. In that process, analysts had a special role because they are often the closest to the data and the facts of the case, which makes them invaluable in team meetings. Much of my initial responsibility was to direct the work in support of Dean Snyder and, later, James Levinsohn, George Foster, and other experts. Everyone from the analysts to the principals participated in some aspect of supporting these experts. My role then morphed a bit as I became one of the testifying experts on the case.
Supporting Pierre Cremieux
Stephen Fink
Vice President (now Managing Principal), BostonI worked closely with both senior consultants and analysts to support Managing Principal Pierre Cremieux’s expert analysis of cartels and firm behavior in the TFT-LCD industry. This included researching the economics literature on cartel theory and conducting quantitative analyses examining individual firms' decisions with respect to pricing and production for their various products. It was fun to assist in brainstorming sessions with Pierre and the case team, and to help Pierre prepare for deposition. Having a team that was devoted to the same outcome really made the process enjoyable.
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Supporting George Foster
Eric Korman
Vice President (now Principal), San FranciscoWhen I attended the Best Buy trial in San Francisco, it was interesting to watch the media observe the various experts testify. During the trial, I had the opportunity to work closely with counsel to assist in developing the outline they would use when cross-examining opposing experts, and then see the actual cross-examination and the impressions it made on the jury and media the very next day. It was one of the most rewarding experiences of my professional career. As a San Francisco local, I introduced case team members who came in from Boston to local establishments, particularly the best places to get coffee before court.
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James Rosberg
Vice President (now Senior Advisor), San FranciscoI supported Professor George Foster in analyzing a) the relationship between LCD panel manufacturing companies’ profitability and investment behavior, b) bargaining relationships between manufacturers of LCD finished goods and retailers, and c) data and methodologies used to conduct analyses of pass-through of alleged price overcharges from LCD panel manufacturing companies to retailers. These analyses were used to assess the plausibility of plaintiffs’ price overcharge and pass-through rate estimates. We also provided support to counsel in their preparation to depose plaintiffs’ experts.
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Supporting James Levinsohn
Dov Rothman
Managing Principal, BostonI worked with a team of managers, associates, and analysts to support our academic affiliates James Levinsohn and Edward Snyder in their econometric analyses of cost pass-through and estimation of damages, and, more broadly, in the development of their expert report. I also assisted Professor Levinsohn and Dean Snyder in their critiques of the plaintiffs’ experts’ approaches to pass-through and damages, and helped counsel in their depositions of the plaintiffs’ experts. I’m continuing to work with Professor Levinsohn on research – the LCD case was a great opportunity to deepen our relationship.
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Supporting Edward Snyder
Aaron Yeater
Managing Principal, BostonI supported Dean Edward Snyder in analyzing the impact of the alleged cartel activity on the prices of both LCD panels and the finished products (such as televisions, computer monitors, and laptops) purchased by a variety of manufacturers and resellers. His analysis focused on damages to multiple direct-action plaintiffs on behalf of the defendants. So we analyzed sales and cost data from the multiple defendants and from various plaintiffs and third parties to calculate damages in a variety of settings. I helped Dean Snyder prepare his testimony for a trial involving defendants Toshiba Corp. and HannStar Display Corporation, and plaintiff Best Buy. I helped counsel prepare to cross-examine experts for the plaintiff. The demands of this case and the close collaboration with counsel meant that I spent as much time in the trial attorneys’ temporary headquarters in San Francisco as I did in my own office.
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