Analysis Group Forum: Summer 2012

In the Spotlight 

Where Policy, Economics Intersect

The consumer benefits of new policies and laws are often quite clear; the business impacts are usually much more complicated. Privacy and data security policies, for instance, can help to limit the abuse of consumers’ personal data. But they may also thwart innovation and product development at companies whose business models rely on access to consumer data. 

In this article, Managing Principal Lau Christensen discusses the research he and other Analysis Group professionals have conducted with our academic affiliate Josh Lerner, exploring the economic impact of policy and legal decisions on the funding and implementation of new technologies. 
Analyzing Causation, Damages in Data Breach Matters

Analyzing Causation and Damages
in Data Breach Matters 

When corporate databases are compromised, it can be difficult to establish causality between the breach and any subsequent fraud reported.
“But appropriate statistical analysis can paint a clearer picture about the damages sustained,” explains Analysis Group affiliate Arnold Barnett in this Q&A.

Cases in Brief 

This issue of Forum spotlights our consultants’ economic assessments and testimony in two recent matters.

Fresh Del Monte Produce Inc. v. Del Monte Foods Co., et al. 
• Claims: Alleged breach of a trademark-licensing agreement between the parties, and Lanham Act violation, through an advertising campaign for certain refrigerated fruit products.
• Consultants: Supported by an Analysis Group team, Managing Principal Laura Stamm provided an analysis of financial statements and an apportionment analysis, and testified at trial.
 
CEATS, Inc. v. Continental Airlines, Inc. et al. 
• Claims: The plaintiff’s suit was related to online ticketing patents that allegedly covered a mouse-over feature in conjunction with an interactive seat map.
• Consultants: An Analysis Group team, led by Managing Principal Keith Ugone, conducted an independent evaluation of CEATS’s claimed damages and assisted in the preparation of rebuttal reports. Dr. Ugone testified in depositions and at trial.

 

Assessing Financial Issues in Tribal Trust Fund Litigation 

 

The United States has reached settlements totaling more than $1 billion with 42 Native American tribes who alleged that the government had failed to properly manage the funds and resources it held in trust for them.

An Analysis Group team, led by Managing Principal Justin McLean, has been consulting to the DOJ on these matters. They assessed the usual factors associated with investment decisions, noting the heritage of the claims themselves, which are derived from treaties executed between the tribes and the United States in the 1800s.

Litigation Spotlight: Class Certification 

In these class-related matters, our consultants and academic affiliates explored issues of commonality – the ability to show common impact across a group of individuals who collectively may have been injured by
an alleged behavior.

Ideas in Print