Antitrust, Complex Damages
Toledo Mack Sales and Service v. Mack Trucks, Inc.

Defendant Mack Trucks retained Roy Epstein to testify on liability and damages regarding Sherman I, Robinson-Patman, and other claims ($32 million, before trebling) brought by a Mack distributor. This case involved analysis of more than 250,000 electronic records of truck sales as well as a vast amount of other information on pricing, profitability, market structure, and competition. The plaintiff's antitrust claims were dismissed in their entirety midway through a month-long trial. The jury returned a verdict of zero damages on all other claims against Mack Trucks.

Patent Licensing
Confidential Arbitration

A patent owner in the telecommunications industry retained Roy Epstein to assist in a dispute over the application of a most favored licensee ("MFL") provision in a licensing agreement. The issue centered on how a payment of a lump-sum for paid-up license should be compared to a per unit running royalty for purposes of the provision. Dr. Epstein's analysis reviewed the economics of licensing and the economic implications of the relevant leading cases.

Merger Simulation
  
Roy Epstein recently advised both the New Zealand Commerce Commission and the Italian Competition Authority on the use of merger simulation analysis. The reports of both authorities on their experience with PCAIDS and other methods demonstrate the centrality of merger simulation in reviewing these deals and highlight the critical issues that lawyers will face as simulation comes into wider use by antitrust agencies around the world.

Complex Damages
Autobond v. Great America Insurance Company, et al.

Roy Epstein advised counsel for defendants regarding damages in a default of nearly $100 million face amount of asset-backed securities. This matter involved extensive analysis of the market for subprime automobile financing, reconstruction of key business information from voluminous paper documents, and detailed financial modeling. The analysis showed that the default rate of the underlying collateral was well within the range anticipated in the original business plan, a key finding that was contrary to the plaintiff's allegation. The case settled for a small fraction of the amount demanded.

Product Disparagement, Misuse of Confidential Information
  
Roy Epstein has been retained on numerous occasions to analyze damages in claims of improper release of information into a market. Examples include product disparagement, misuse of confidential employer information, and false advertising. The expert analyses typically involve statistical sampling, analysis of detailed sales databases, and econometric and financial modeling.