T. Christopher Borek
Education
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 antitrust, intellectual property, consumer harm, and finance disputes. Selected cases in which economic analysis played a central role include the following:
- Dr. Borek led an Analysis Group case team in support of economic, marketing, and finance experts who provided testimony on behalf of Google in antitrust litigations brought by the US Department of Justice (DOJ), state attorneys general, and private plaintiffs challenging Google’s ad technology business. This included supporting economic and finance testimony in the merits and remedies phases of the DOJ trials.
- Dr. Borek led a team of consultants working with counsel in Apple’s successful defense against antitrust claims brought by Epic Games.
- Dr. Borek led teams of consultants working with the DOJ in antitrust disputes involving industries such as live entertainment, travel services, real estate brokerage, and tax preparation services.
- 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. 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 led a case team in support of economic, finance, and accounting experts who provided trial testimony in support of the DOJ 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, finding that 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 finance, economic, accounting, and corporate governance experts retained on behalf of 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 also serves as a Senior Policy Scholar at the Center for Business and Public Policy in Georgetown University 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, marketing, international trade, labor economics, and corporate governance.
Provided Expert Testimony
Additional Cases
- Apple Inc. v. Qualcomm Inc. (antitrust)
- Apple v. Samsung Injunction Ruling (December 2012)
- Apple v. Samsung Injunction Ruling (July 2014)
- Apple v. Samsung Trial (May 2014)
- AT&T Acquisition of DIRECTV – Survey of Consumer Preferences
- Black & Decker Corp. v. United States
- Cleaning Appliance Manufacturer False Superiority Claims
- Competitive Analysis of Canadian Pacific/Kansas City Southern Railway Merger
- ContentGuard Holdings Inc. v. Google Inc.
- Dang v San Francisco Forty Niners Ltd et al
- False Superiority Claims in Personal Hygiene Products Case
- Fraley, et al. v. Facebook Inc., et al.
- In re Google AdWords Litigation
- In the Matter of Certain Mobile Electronic Devices and Radio Frequency and Processing Components Thereof (Inv. No. 337-TA-1093)
- Price Comparison Claims Made By Big Box Retailer
- Qualcomm Inc. v. Apple Inc. (patent infringement)
- SEC v. Mark A. Jackson and James J. Ruehlen
- Shareholder Derivative Suit Following an Operational Incident
- Simon Property Group, Inc., et al. v. Taubman Centers, Inc., et al.
- SimpleAir v. Google, et al.
- SNMP Research International, et al. v. Nortel Networks, et al.
- Tax Investigation Analysis
- United States of America v. EnergySolutions, Inc. et al.
- USA v. Michael J. Avenatti
- WFC Holdings Corporation v. United States of America
- Wisconsin Alumni Research Foundation v. Apple
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Consumer surveys in trademark infringement litigation: Fiji vs. VITI case study
Handbook of Marketing Analytics: Methods and Applications in Marketing Management, Public Policy, and Litigation Support
2018Borek TC, Oza A
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Tax Shelters or Efficient Tax Planning? A Theory of the Firm Perspective on the Economic Substance Doctrine
Journal of Law and Economics, November 2014
2014 -
Lost in the Clouds: The Impact of Copyright Scope on Investment in Cloud Computing Ventures
White Paper, November 2012
2012Borek TC, Christensen L, Hess P, Lerner J, Rafert G
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May 30, 2025
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February 6, 2025
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June 11, 2024
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July 18, 2023
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December 14, 2022
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August 17, 2022