Ph.D. and M.A., economics, Cornell University; European Union Diploma, Institut D'Etudes Politiques de Paris; B.A., economics, University of Arizona
Summary of Experience
Dr. Borek specializes in the application of microeconomics, finance, and statistics to litigation and complex business problems. He has managed economic analyses presented in numerous intellectual property, antitrust, consumer harm, finance, and tax disputes. Selected cases where the economic analysis played a central role include the following:
- Dr. Borek led an Analysis Group case team in support of economic, marketing, and accounting experts who provided damages testimony on behalf of Samsung Electronics in a patent dispute with Apple, Inc. After finding infringement, a San Jose, California jury ordered Samsung to pay $119.6 million in damages, far short of the $2.2 billion sought by Apple.
- Dr. Borek also led a case team in support of marketing experts who provided testimony on behalf of Samsung Electronics in an earlier patent dispute with Apple. Citing this testimony, a federal judge in California denied Apple's motion to obtain a permanent injunction against several smartphones and tablets marketed by Samsung Electronics, because Apple had failed to establish a causal nexus between Apple's patents and the demand for Samsung's products. The decision was upheld on appeal.
- Dr. Borek led a case team in support of economic, finance, and accounting experts who provided trial testimony in support of the U.S. Department of Justice in a tax dispute with Wells Fargo. Citing the expert testimony extensively, a federal judge in Minnesota disallowed Wells Fargo's tax refund related to $423 million in claimed capital losses because the underlying corporate reorganization lacked business purpose and economic substance. The decision was upheld on appeal.
- Dr. Borek led a case team in support of a marketing expert who provided testimony on behalf of Google in a class certification proceeding involving users of Google's AdWords service. A federal judge in the Northern District of California denied the plaintiffs' motion for class certification. The decision, which referenced the expert testimony extensively, noted that "individualized issues of restitution permeated the class claims."
- Dr. Borek led a case team in support of finance, economic, accounting, and corporate governance experts retained on behalf the former CEO of a leading technology company accused of backdating employee stock options. The multiple associated investigations were resolved through a deferred prosecution agreement.
- Dr. Borek has led case teams in support of multiple marketing experts retained to provide testimony in support of successfully culminated mergers.
Dr. Borek also serves as a Senior Policy Scholar at the Center for Business and Public Policy in Georgetown's McDonough School of Business, and previously held positions with Ernst & Young's Corporate Finance practice and Chernivtsi State University in Ukraine, where he taught international trade and international finance. His research, presented in journals and before professional and academic audiences, has focused on innovation, industrial organization, international trade, labor economics, and corporate governance.