Mark A. Gustafson
Education
M.P.P., Harvard Kennedy School; B.A., business economics and political science, University of California, Los Angeles
Summary of Experience
Mr. Gustafson applies his expertise in economics, econometrics, and modeling to litigation, complex business issues, and the analysis of public policy issues. He has worked extensively in the areas of health care, insurance, employment, data privacy, ERISA, finance, intellectual property (IP), commercial damages, and class certification.
In his litigation work, Mr. Gustafson has provided deposition, arbitration, and trial testimony related to the economics of identity theft, physician compensation, the reasonable value of medical services, retirement benefits, employment compensation, lost earning capacity, and commercial damages, and he has critiqued plaintiffs’ proposed damages formulas in several class actions. His case work has involved evaluating claims of excessive investment fees in corporate 401(k) defined contribution plans, assessing the reasonable value of medical services for physicians and hospitals, analyzing health insurance claims to identify instances of alleged fraud and inappropriate billing by hospital providers, and auditing risk-pool reconciliations that set the level of at-risk payments to a hospital group and its physician partners. He has worked on several privacy-related class actions, providing testimony related to the economics of identity theft and damages, as well as supporting privacy, damages, survey, and technical experts.
Mr. Gustafson has worked with clients to perform affirmative pay equity studies and develop methodologies to address identified disparities. He has explored economic issues associated with a wide range of insurance products, including disability, health, life, product liability, and property insurance, as well as variable annuities. Mr. Gustafson also has experience in a variety of ERISA matters, including those related to health care plans, benefits, and insurance claims. Additionally, he has extensive experience assembling and analyzing large, proprietary datasets common in pay equity, insurance, and health care engagements. Prior to joining Analysis Group, Mr. Gustafson was the business manager in Tokyo for an international nonprofit. He also taught economics as a course assistant at the Harvard Kennedy School.
Provided Expert Testimony
Additional Cases
- Arbitration Between Managed Care Organization and Hospital System
- California Spine & Neurosurgery Institute v. Blue Shield of California
- Class Action Sales Practices Litigation Surrounding Vanishing Premium Sales
- Class Action v. Horace Mann Life Insurance et al.
- Coba, et al. v. Ford Motor Company
- Colgate Softsoap False Advertising Consumer Class Action
- Confidential Regulatory Matter Involving Alleged Failure to Annuitize Variable Annuities
- ERISA Health Care Litigation Related to Deductibles and Out-of-Pocket Expenses
- George R. Golson v. Provident Life and Accident Insurance Company, et al.
- In re Managed Care Litigation
- John Cepelak, et al. v. HP Inc.
- LAPD Pedestrian and Motor Vehicle Stop Data Analyses
- LAPD Racial Profiling Analysis
- Margie Daniel, et al. v. Ford Motor Company
- Paul B. Butler v. Porsche Cars North America, Inc.
- San Jose Neurospine v. Blue Shield of California
- Sargon Enterprises v. University of Southern California
- SEC v. Pacific West Capital Group, et al.
- Securities and Exchange Commission v. Henry Yuen
- United States, ex rel. Dr. Susan Nedza v. American Imaging Management, Inc., et al.
- US Department of Justice v. Tenet Healthcare Corporation
- Washington State Hospital Association Medicaid Supplemental Payments Matter
- WML Gryphon Fund, LLC, et al., v. Wood, Hat & Silver, LLC, et al.
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When it Comes to the Price Transparency Rule, Not All Data is Created Equal
ABA Health eSource, August 2021, Vol. 17, No. 11
2021 -
Cost-Based Analysis Can Be Useful In Calif. Contract Disputes
Law360
2020Gustafson M, Trujillo N, Chu M
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ERISA Litigation Involving Health and Welfare Plans
Recent Developments in Business and Corporate Litigation, 2020 Edition
2020Gustafson M, Hall-Partyka P, Heavner D, Rybolt P
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Expert Analysis of Class Certification Issues
Litigation Services Handbook: Sixth Edition
2017Heavner DL, Gustafson M, Simon P, Chorba C
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Use of Statistical Sampling in Litigation(1)
Litigation Services Handbook: Sixth Edition
2017 -
Use of Statistical Sampling in Litigation
Litigation Services Handbook: The Role of the Financial Expert, 2009 Cumulative Supplement, 4th Edition (March 2009)
2009Gustafson M, Simon P, Weil R
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Pedestrian and Motor Vehicle Post-Stop Data Analysis Report
Report Prepared for City of Los Angeles
2006Alpert G, Becker E, Gustafson M, Meister A, Smith M, Strombom B
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Cost Effectiveness of rHuEPO in Oncology
Recombinant Human Erythropoietin (rhEPO) in Clinical Oncology: Scientific and Clinical Aspects of Anemia in Cancer. M.R. Nowrousian (Ed.), SpringerWien New York, 2002
2002Cremieux P, Dial E, Gustafson M, Sarokhan B, Slavin M
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October 5, 2023
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December 27, 2022
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September 13, 2021