Forum

Are ESG concerns compatible with fiduciary duty? How can digital technologies be used to monitor patient progress with progressive diseases? Do platform regulation proposals fully account for the unique nature of the digital ecosystem?

How can surveys provide evidence in food and beverage false advertising litigation? What impact could a change of inhaler type have on the environment? How can investors assure themselves the ESG information they receive is accurate?

In this year’s Forum, we provide a sample of the many high-profile and cutting-edge matters on which our people have been working. As with the rest of the world, we are finding new ways to move forward while also adjusting to the challenges that have arisen from the pandemic, and we would like Forum to reflect these efforts.

These are extraordinary times. We all remain uncertain about what the world will look like on the other side of the pandemic, or when we may get there. And so we wanted this year’s Forum to both acknowledge and reflect the changes that are unfolding.

When might consumer surveys provide a more accurate picture of product substitutability than typical market share measures in merger reviews? Why are “no-poach” clauses in franchise agreements drawing increasing scrutiny from antitrust regulators? How are data science tools being used to predict the onset of a particularly difficult-to-diagnose autoimmune disorder?

How can the power of data science be harnessed to create effective controls against the diversion of opioids and other controlled substances, or to predict whether a disputed patent will survive a challenge? What are the legal and regulatory implications of multi-sided platforms, where behavior that some see as anticompetitive may in fact enhance consumer welfare?

This issue of Forum demonstrates the broad scope and deep impact of Analysis Group’s ongoing work on behalf of our clients. We continue to use leading-edge methodologies and analysis to tackle issues across virtually every sector in the landscape of economic and litigation consulting.　　　　　　　　　　　　　　　　 　　　　　　　　　　　　　　　　　　　　　　

In this issue, we highlight examples of our work both in and out of the courtroom. Statistical modeling was our assignment in the high-profile NFL “Deflategate” matter. Intellectual property work continued to expand, both in the context of the tools applied – such as the growing reliance on market research – and with respect to evaluating significant changes in the patent enforcement system.