Brian Ellman
Education
M.B.A., Yale School of Management; B.A., international affairs, George Washington University
Summary of Experience
Mr. Ellman specializes in the application of microeconomics, statistics, and financial analysis to complex commercial litigation matters and government investigations. He has worked on behalf of the US Department of Justice and Federal Trade Commission, and has consulted to law firms in litigation and regulatory matters involving antitrust and competition, drug safety and product liability, intellectual property, data breaches, and general commercial damages issues. Mr. Ellman has conducted market analyses and assessments of competitive effects in major antitrust matters, as well as for proposed and executed mergers. He has also conducted statistical analysis, market research, and other economic analyses to evaluate the appropriateness of class certification in antitrust and commercial disputes, and to assess liability and damages. Mr. Ellman’s expertise in matters involving the pharmaceutical and medical device industries includes analyzing therapeutic markets and competitive dynamics; assessing evidence of causal associations in product liability suits; and conducting statistical analyses of market surveillance, clinical trial, and observational study data to evaluate the comparative effectiveness, safety, and dosing patterns of different treatments across a variety of therapeutic categories. He has published articles on a wide range of topics, including the assessment of causation and harm in data breach litigation, the appropriate analysis and interpretation of post-marketing surveillance data in product liability cases, and the economics of biosimilar drugs.
- Breach of Contract Litigation Involving a Biopharmaceutical Innovation
- In re: Allergan PLC Securities Litigation
- In re: Foreign Exchange Benchmark Rates Antitrust Litigation
- Ingevity Corp., et al. v. BASF Corp.
- Louisiana Wholesale Drug Co., Inc. v. Sanofi-Aventis
- OCC administrative actions against Rohan Ramchandani, former head of European FX Spot Trading at Citibank, and Richard Usher, former head of EMEA FX Spot Trading at JPMorgan Chase
- Pharmacyclics LLC, et al. v. Fresenius Kabi USA LLC, et al.
- Todd J. Mortier v. LivaNova USA, Inc.
- WEX Inc Acquisition of Electronic Funds Source LLC
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The Curious Case of Aspartame: How the Same Evidence Can Yield Seemingly Different Conclusions
Food and Drug Law Institute, January 2024
2024 -
The Economics of Biosimilar Drugs and New Considerations in Intellectual Property and Antitrust Litigation
Public Domain: The Newsletter of the ABA Section of Antitrust Law’s Intellectual Property Committee, July 2018
2018 -
The Rise of Biosimilars and the Future of Healthcare Intellectual Property
IAM, November/December 2018
2018 -
Evaluating Dose Ratio of Subcutaneous to Intravenous Immunoglobulin Therapy Among Patients With Primary Immunodeficiency Disease Switching to 20% Subcutaneous Immunoglobulin Therapy
The American Journal of Managed Care, Supplement, Volume 22, No. 15
2016Krishnarajah G, Lehmann JK, Ellman B, Bhak RH, DerSarkissian M, Leader D, Bullinger AL, Sheng Duh M
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What Attorneys Should Know About FDA’s MedWatch Data
Law360, January 29, 2014
2014 -
Assessing the Effects of Most-Favored Nation Clauses
Spring Meeting, ABA Section of Antitrust Law
2012Samuelson M, Piankov N, Ellman B
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The Evolving Standards for Class Certification in Antitrust Cases
White Paper, 2012
2012 -
Average Wholesale Price: Efficient Benchmark, or Conspiratorial Instrument?
The Price Point (Volume 10, Issue 1)
2011Hoffman Schouten E, Ellman B
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December 14, 2022
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September 30, 2024
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January 17, 2024
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August 3, 2023
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January 5, 2023
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October 27, 2022
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July 19, 2022
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September 28, 2021
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August 16, 2021
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January 6, 2021