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Analysis Group Insights Featured in Law360
Analysis Group economists frequently publish their insights and analyses on emerging news and developments related to litigation, legislation, and regulation. One such outlet for these insights is Law360, a leading source of information related to the US legal industry. Analysis Group-authored Law360 articles address the economic, finance, statistical, and data science aspects of emerging topics across multiple industries and practice areas. Below are links to all Analysis Group-authored Law360 articles since January 2015, organized by the practice and industry newsletters in which they were published. Note that some articles appear in multiple categories. Please check back regularly for our latest contributions.
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Recent Articles:
- Proactive Pay Equity Studies Can Shield Mass. Employers
- How To Interpret A Contract? Ask Those Who'd Sign It
- Consider Value Vs. Budget Impact in Mass. Drug Prices
- Mass. Marijuana Laws Could Have Far-Reaching Impact
- Insights On Provider Consolidation
And Narrow Networks
- A New Standard For Suspicious Order Monitoring
- Proactive Pay Equity Studies Can Shield Mass. Employers
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Apellate
How To Interpret A Contract? Ask Those Who’d Sign It
Surveys have been gaining prominence as an accepted method of evaluating consumer perceptions in a wide range of cases, including patent litigation (to assess the drivers of consumer demand) and unfair competition matters (to evaluate potential consumer confusion). However, when it comes to contract disputes, it is often left to the judge or jury to interpret the contract terms.
Donning And Doffing Damages: Tyson Takeaways For Antitrust
The US Supreme Court’s decision in Tyson Foods Inc. v. Bouaphakeo et al. offer insights on how to address certification of a broader array of classes. But what is the impact of Tyson on standards for certification?
RESPONSE TO REJOINDER: Clearing Up The Confusion
This opinion piece attempts to resolve a dispute over an earlier AG-authored article, "It's Not An Inappropriate Reasonable Royalty Rule," regarding whether the Good decision is within the scope of issues that juries commonly resolve.
REBUTTAL: It’s Not An Inappropriate Reasonable Royalty Rule
A recent article on Good Technology Corporation v. MobileIron Inc. posits that the court’s decision was flawed. Two Analysis Group experts rebut this opinion, finding that the Good decision is consistent with recent guidance on determining reasonable royalty damages.
The State of Pharma Class Certification After Asacol
Analysis Group experts assess the evolution of class certification in pharmaceutical cases and highlight a factor - the identification of uninjured class members - likely to be crucial in future litigation.
Automotive
Assessing Liability In The Context Of Corporate Misconduct
High-profile accusations of corporate misconduct, and their accompanying litigation, regularly make today’s headlines, but how can practitioners interpret the introduction of organizational assessments on the evidentiary record?
Banking
Survey And Real-World Data: A Winning Combination
A team of Analysis Group experts describe how having a more complete picture of the consumer decision-making process based on empirical proof can prove valuable in litigation involving consumer perceptions or choices, such as false advertising or trademark infringement cases.
California
How To Interpret A Contract? Ask Those Who’d Sign It
Surveys have been gaining prominence as an accepted method of evaluating consumer perceptions in a wide range of cases, including patent litigation (to assess the drivers of consumer demand) and unfair competition matters (to evaluate potential consumer confusion). However, when it comes to contract disputes, it is often left to the judge or jury to interpret the contract terms.
RESPONSE TO REJOINDER: Clearing Up The Confusion
This opinion piece attempts to resolve a dispute over an earlier AG-authored article, "It's Not An Inappropriate Reasonable Royalty Rule," regarding whether the Good decision is within the scope of issues that juries commonly resolve.
REBUTTAL: It’s Not An Inappropriate Reasonable Royalty Rule
A recent article on Good Technology Corporation v. MobileIron Inc. posits that the court’s decision was flawed. Two Analysis Group experts rebut this opinion, finding that the Good decision is consistent with recent guidance on determining reasonable royalty damages.
Class Action
What Consumers Really Think About Reference Price Labels
Analysis Group experts describe why empirical studies and surveys are likely to have a more prominent role in determining case outcomes as reference price litigation continues to gain momentum.
Reliable Analysis Is Key To Addressing Ascertainability
US Circuit Courts differ in requirements for demonstrating ascertainability in class certification matters. Two Analysis Group experts offer guidance.
Will Expanded EEO-1 Data Collection Yield New Insights?
The EEOC's proposed expansion of employer reporting requirements is seen as likely to increase wage discrimination class action litigation. But will the additional information produce economically meaningful statistical evidence of wage discrimination?
Donning And Doffing Damages: Tyson Takeaways For Antitrust
The US Supreme Court’s decision in Tyson Foods Inc. v. Bouaphakeo et al. offer insights on how to address certification of a broader array of classes. But what is the impact of Tyson on standards for certification?
The State of Pharma Class Certification After Asacol
Analysis Group experts assess the evolution of class certification in pharmaceutical cases and highlight a factor - the identification of uninjured class members - likely to be crucial in future litigation.
Commercial Contracts
How To Interpret A Contract? Ask Those Who’d Sign It
Surveys have been gaining prominence as an accepted method of evaluating consumer perceptions in a wide range of cases, including patent litigation (to assess the drivers of consumer demand) and unfair competition matters (to evaluate potential consumer confusion). However, when it comes to contract disputes, it is often left to the judge or jury to interpret the contract terms.
Competition
Insights On Provider Consolidation And Narrow Networks
Analysis Group experts share insights on the potential implications for antitrust regulation and enforcement from two recently published health care studies.
The Potential For Litigation In New Era Of Biosimilars
The advent of biosimilars is already making waves in the pharma industry, but will their entry lead to the same breadth and type of litigation as seen with the entry of generic drugs?
Pay-For-Delay & Stock Prices: Smoking Gun Or Damp Squib?
The AG authors continue a debate over whether stock price increases can serve as a proxy for the traditional rule of reason analysis required by the Supreme Court’s Actavis decision in establishing whether a particular reverse-payment settlement is anti-competitive.
Stock Prices Aren't Enough For 'Rule Of Reason' Analysis
The US Supreme Court’s decision in FTC v. Actavis requires evidence of the presence or absence of anti-competitive effects. But stock market evidence should not shortcut the rule of reason analysis required for these settlements.
The Myth Of ‘Price Disconnects’ In US Pharma Markets
So-called “product hopping” allegedly impairs competition and allows branded companies to boost prices on newer products. This article examines the need to connect price and quality when assessing competitive effects of new product introductions.
Donning And Doffing Damages: Tyson Takeaways For Antitrust
The US Supreme Court’s decision in Tyson Foods Inc. v. Bouaphakeo et al. offer insights on how to address certification of a broader array of classes. But what is the impact of Tyson on standards for certification?
The State of Pharma Class Certification After Asacol
Analysis Group experts assess the evolution of class certification in pharmaceutical cases and highlight a factor - the identification of uninjured class members - likely to be crucial in future litigation.
Assessing The Effect Of Mergers On Labor Markets
Modern US antitrust enforcement has been motivated by a goal of protecting consumer welfare, but there is a growing interest in extending its safeguards from the product market to the labor market. Analysis Group consultants describe one approach to doing so.
Occupational License Laws May Hurt Health Care Competition
Occupational licensing and scope of practice laws are intended to uphold standards of work quality, yet they can also negatively affect competition. Analysis Group consultants recent academic research on this trade-off.
Consumer Protection
How To Interpret A Contract? Ask Those Who’d Sign It
Surveys have been gaining prominence as an accepted method of evaluating consumer perceptions in a wide range of cases, including patent litigation (to assess the drivers of consumer demand) and unfair competition matters (to evaluate potential consumer confusion). However, when it comes to contract disputes, it is often left to the judge or jury to interpret the contract terms.
Survey And Real-World Data: A Winning Combination
A team of Analysis Group experts describe how having a more complete picture of the consumer decision-making process based on empirical proof can prove valuable in litigation involving consumer perceptions or choices, such as false advertising or trademark infringement cases.
Learning From Social Media For Adverse Event Reporting
A team from Analysis Group's Health Care Practice explores issues surrounding the use of unstructured postings from social media in the context of pharmacovigilance, drawing on the results of a recent Analysis Group study.
What Consumers Really Think About Reference Price Labels
Analysis Group experts describe why empirical studies and surveys are likely to have a more prominent role in determining case outcomes as reference price litigation continues to gain momentum.
Reliable Analysis Is Key To Addressing Ascertainability
US Circuit Courts differ in requirements for demonstrating ascertainability in class certification matters. Two Analysis Group experts offer guidance.
Evaluating Section 230 Liability In The Sharing Economy
How should courts evaluate liability under Section 230 of the Communications Decency Act in the era of the sharing economy? An article shows the relevance of tools from marketing theory and applied economics.
Corporate
Will Expanded EEO-1 Data Collection Yield New Insights?
The EEOC's proposed expansion of employer reporting requirements is seen as likely to increase wage discrimination class action litigation. But will the additional information produce economically meaningful statistical evidence of wage discrimination?
Assessing Liability In The Context Of Corporate Misconduct
High-profile accusations of corporate misconduct, and their accompanying litigation, regularly make today’s headlines, but how can practitioners interpret the introduction of organizational assessments on the evidentiary record?
Cybersecurity & Privacy
How To Interpret A Contract? Ask Those Who’d Sign It
Surveys have been gaining prominence as an accepted method of evaluating consumer perceptions in a wide range of cases, including patent litigation (to assess the drivers of consumer demand) and unfair competition matters (to evaluate potential consumer confusion). However, when it comes to contract disputes, it is often left to the judge or jury to interpret the contract terms.
Evaluating Section 230 Liability In The Sharing Economy
How should courts evaluate liability under Section 230 of the Communications Decency Act in the era of the sharing economy? An article shows the relevance of tools from marketing theory and applied economics.
Employment
Proactive Pay Equity Studies Can Shield Mass. Employers
Recent updates to the Massachusetts Equal Pay Act (MEPA) have resulted in some of the strongest pay equity laws in the US Analysis Group experts provide a brief summary of the updates to the law, and outline key considerations for employers in determining whether and how to conduct a proactive pay equity analysis.
How Bad Data Analyses Can Sabotage Discrimination Cases
Statistics can be a vital part of supporting a legal argument, but if they are misused or misunderstood, what kind of material effect can they have on a case’s outcome?
Will Expanded EEO-1 Data Collection Yield New Insights?
The EEOC's proposed expansion of employer reporting requirements is seen as likely to increase wage discrimination class action litigation. But will the additional information produce economically meaningful statistical evidence of wage discrimination?
Assessing Liability In The Context Of Corporate Misconduct
High-profile accusations of corporate misconduct, and their accompanying litigation, regularly make today’s headlines, but how can practitioners interpret the introduction of organizational assessments on the evidentiary record?
Assessing The Effect Of Mergers On Labor Markets
Modern US antitrust enforcement has been motivated by a goal of protecting consumer welfare, but there is a growing interest in extending its safeguards from the product market to the labor market. Analysis Group consultants describe one approach to doing so.
How Workplace Disparities May Arise: An Economic Outline
A recent wave of workplace discrimination lawsuits and a series of stronger pay equity laws highlight the importance of understanding how disparities in workplace outcomes might arise. An article by Analysis Group consultants summarizes some insights offered by economic models.
Occupational License Laws May Hurt Health Care Competition
Occupational licensing and scope of practice laws are intended to uphold standards of work quality, yet they can also negatively affect competition. Analysis Group consultants recent academic research on this trade-off.
Energy
Assessing Liability In The Context Of Corporate Misconduct
High-profile accusations of corporate misconduct, and their accompanying litigation, regularly make today’s headlines, but how can practitioners interpret the introduction of organizational assessments on the evidentiary record?
Environmental
Assessing Liability In The Context Of Corporate Misconduct
High-profile accusations of corporate misconduct, and their accompanying litigation, regularly make today’s headlines, but how can practitioners interpret the introduction of organizational assessments on the evidentiary record?
Food & Beverage
Survey And Real-World Data: A Winning Combination
A team of Analysis Group experts describe how having a more complete picture of the consumer decision-making process based on empirical proof can prove valuable in litigation involving consumer perceptions or choices, such as false advertising or trademark infringement cases.
Government Contracts
How To Interpret A Contract? Ask Those Who’d Sign It
Surveys have been gaining prominence as an accepted method of evaluating consumer perceptions in a wide range of cases, including patent litigation (to assess the drivers of consumer demand) and unfair competition matters (to evaluate potential consumer confusion). However, when it comes to contract disputes, it is often left to the judge or jury to interpret the contract terms.
Tracing The Path To Health Care Investigation Settlements
Although each settlement agreement reached between the government and pharmaceutical manufacturers during investigations under the False Claims Act and federal Anti-Kickback Statute is unique, certain patterns emerge.
Will Expanded EEO-1 Data Collection Yield New Insights?
The EEOC's proposed expansion of employer reporting requirements is seen as likely to increase wage discrimination class action litigation. But will the additional information produce economically meaningful statistical evidence of wage discrimination?
Health
Consider Value Vs. Budget Impact in Mass. Drug Prices
Analysis Group Vice President Noam Kirson discusses the difference between value and budget impact – issues that he says are often conflated in the current public policy discourse around prescription drug prices and spending.
Insights On Provider Consolidation And Narrow Networks
Analysis Group experts share insights on the potential implications for antitrust regulation and enforcement from two recently published health care studies.
Tracing The Path To Health Care Investigation Settlements
Although each settlement agreement reached between the government and pharmaceutical manufacturers during investigations under the False Claims Act and federal Anti-Kickback Statute is unique, certain patterns emerge.
Reliable Analysis Is Key To Addressing Ascertainability
US Circuit Courts differ in requirements for demonstrating ascertainability in class certification matters. Two Analysis Group experts offer guidance.
Practical Uses For Machine Learning In Health Care Cases
What are the practical uses of machine learning capabilities in health care litigation? This article examines applications of machine learning in the courtroom.
Following Recent Trends In Affordable Care Act Insurance
Continued pressure to maintain profitability while avoiding discrimination lawsuits could drive more insurers to consider exiting health care marketplaces.
Machine-Learning Algorithms Can Help Health Care Litigation
Machine-learning algorithms are ubiquitous these days. But what are machine-learning algorithms and what is their potential role in health care litigation?
The Myth Of 'Price Disconnects' In US Pharma Markets
So-called “product hopping” allegedly impairs competition and allows branded companies to boost prices on newer products. This article examines the need to connect price and quality when assessing competitive effects of new product introductions.
Viewing Recent Opioid Regulations In Context
New federal and state policy initiatives aim to curb opiod abuse, but how do agencies also ensure adequate care for patients with legitimate medical need for such drugs?
Assessing Liability In The Context Of Corporate Misconduct
High-profile accusations of corporate misconduct, and their accompanying litigation, regularly make today’s headlines, but how can practitioners interpret the introduction of organizational assessments on the evidentiary record?
Correlation Or Cause: Brand-Name Drug Prescription Rates
Does outside compensation of doctors cause them to prescribe more brand-name drugs? AG's experts analyze a ProPublica report that says yes to determine if the findings are accurate.
Occupational License Laws May Hurt Health Care Competition
Occupational licensing and scope of practice laws are intended to uphold standards of work quality, yet they can also negatively affect competition. Analysis Group consultants recent academic research on this trade-off.
GAO Report Illuminates Insurer Influence On Drug Discounts
How do insurers and manufacturers negotiate drug prices under Medicare Part D? Analysis Group experts analyze a report from the US Government Accountability Office for clues.
Illinois
How To Interpret A Contract? Ask Those Who’d Sign It
Surveys have been gaining prominence as an accepted method of evaluating consumer perceptions in a wide range of cases, including patent litigation (to assess the drivers of consumer demand) and unfair competition matters (to evaluate potential consumer confusion). However, when it comes to contract disputes, it is often left to the judge or jury to interpret the contract terms.
Insurance
How To Interpret A Contract? Ask Those Who’d Sign It
Surveys have been gaining prominence as an accepted method of evaluating consumer perceptions in a wide range of cases, including patent litigation (to assess the drivers of consumer demand) and unfair competition matters (to evaluate potential consumer confusion). However, when it comes to contract disputes, it is often left to the judge or jury to interpret the contract terms.
Insights On Provider Consolidation And Narrow Networks
Analysis Group experts share insights on the potential implications for antitrust regulation and enforcement from two recently published health care studies.
Reliable Analysis Is Key To Addressing Ascertainability
US Circuit Courts differ in requirements for demonstrating ascertainability in class certification matters. Two Analysis Group experts offer guidance.
Practical Uses For Machine Learning In Health Care Cases
What are the practical uses of machine learning capabilities in health care litigation? This article examines applications of machine learning in the courtroom.
Following Recent Trends In Affordable Care Act Insurance
Continued pressure to maintain profitability while avoiding discrimination lawsuits could drive more insurers to consider exiting health care marketplaces.
Machine-Learning Algorithms Can Help Health Care Litigation
Machine-learning algorithms are ubiquitous these days. But what are machine-learning algorithms and what is their potential role in health care litigation?
The Myth Of 'Price Disconnects' In US Pharma Markets
So-called “product hopping” allegedly impairs competition and allows branded companies to boost prices on newer products. This article examines the need to connect price and quality when assessing competitive effects of new product introductions.
GAO Report Illuminates Insurer Influence On Drug Discounts
How do insurers and manufacturers negotiate drug prices under Medicare Part D? Analysis Group experts analyze a report from the US Government Accountability Office for clues.
Intellectual Property
How To Interpret A Contract? Ask Those Who’d Sign It
Surveys have been gaining prominence as an accepted method of evaluating consumer perceptions in a wide range of cases, including patent litigation (to assess the drivers of consumer demand) and unfair competition matters (to evaluate potential consumer confusion). However, when it comes to contract disputes, it is often left to the judge or jury to interpret the contract terms.
Survey And Real-World Data: A Winning Combination
A team of Analysis Group experts describe how having a more complete picture of the consumer decision-making process based on empirical proof can prove valuable in litigation involving consumer perceptions or choices, such as false advertising or trademark infringement cases.
The Potential For Litigation In New Era Of Biosimilars
The advent of biosimilars is already making waves in the pharma industry, but will their entry lead to the same breadth and type of litigation as seen with the entry of generic drugs?
Pay-For-Delay & Stock Prices: Smoking Gun Or Damp Squib?
The AG authors continue a debate over whether stock price increases can serve as a proxy for the traditional rule of reason analysis required by the Supreme Court’s Actavis decision in establishing whether a particular reverse-payment settlement is anti-competitive.
Stock Prices Aren't Enough For 'Rule Of Reason' Analysis
The US Supreme Court’s decision in FTC v. Actavis requires evidence of the presence or absence of anti-competitive effects. But stock market evidence should not shortcut the rule of reason analysis required for these settlements.
Machine-Learning Algorithms Can Help Health Care Litigation
Machine-learning algorithms are ubiquitous these days. But what are machine-learning algorithms and what is their potential role in health care litigation?
Can The Life Sciences Industry Bank On Biosimilars?
New biosimilar products could reduce system-wide health care costs. But how will they compete with biologics and will they actually have a significant economic impact?
RESPONSE TO REJOINDER: Clearing Up The Confusion
This opinion piece attempts to resolve a dispute over an earlier AG-authored article, "It's Not An Inappropriate Reasonable Royalty Rule," regarding whether the Good decision is within the scope of issues that juries commonly resolve.
REBUTTAL: It’s Not An Inappropriate Reasonable Royalty Rule
A recent article on Good Technology Corporation v. MobileIron Inc. posits that the court’s decision was flawed. Two Analysis Group experts rebut this opinion, finding that the Good decision is consistent with recent guidance on determining reasonable royalty damages.
The State of Pharma Class Certification After Asacol
Analysis Group experts assess the evolution of class certification in pharmaceutical cases and highlight a factor - the identification of uninjured class members - likely to be crucial in future litigation.
Life Sciences
Consider Value Vs. Budget Impact in Mass. Drug Prices
Analysis Group Vice President Noam Kirson discusses the difference between value and budget impact – issues that he says are often conflated in the current public policy discourse around prescription drug prices and spending.
Mass. Marijuana Laws Could Have Far-Reaching Impact
Experts from Analysis Group's Health Care Practice discuss several broad questions raised in the debate over marijuana legalization, including implications for opioid-related deaths and hospitalizations, adolescent marijuana use, and crime rates.
A New Standard For Suspicious Order Monitoring
A team of Analysis Group experts discusses recently enhanced DEA expectations for prescription opioid distribution chain compliance and escalated penalties for noncompliance.
Learning From Social Media For Adverse Event Reporting
A team from Analysis Group's Health Care Practice explores issues surrounding the use of unstructured postings from social media in the context of pharmacovigilance, drawing on the results of a recent Analysis Group study.
Tracing The Path To Health Care Investigation Settlements
Although each settlement agreement reached between the government and pharmaceutical manufacturers during investigations under the False Claims Act and federal Anti-Kickback Statute is unique, certain patterns emerge.
Reliable Analysis Is Key To Addressing Ascertainability
US Circuit Courts differ in requirements for demonstrating ascertainability in class certification matters. Two Analysis Group experts offer guidance.
Practical Uses For Machine Learning In Health Care Cases
What are the practical uses of machine learning capabilities in health care litigation? This article examines applications of machine learning in the courtroom.
The Potential For Litigation In New Era Of Biosimilars
The advent of biosimilars is already making waves in the pharma industry, but will their entry lead to the same breadth and type of litigation as seen with the entry of generic drugs?
Pay-For-Delay & Stock Prices: Smoking Gun Or Damp Squib?
The AG authors continue a debate over whether stock price increases can serve as a proxy for the traditional rule of reason analysis required by the Supreme Court’s Actavis decision in establishing whether a particular reverse-payment settlement is anti-competitive.
Stock Prices Aren't Enough For 'Rule Of Reason' Analysis
The US Supreme Court’s decision in FTC v. Actavis requires evidence of the presence or absence of anti-competitive effects. But stock market evidence should not shortcut the rule of reason analysis required for these settlements.
Machine-Learning Algorithms Can Help Health Care Litigation
Machine-learning algorithms are ubiquitous these days. But what are machine-learning algorithms and what is their potential role in health care litigation?
The Myth Of ‘Price Disconnects’ In US Pharma Markets
So-called “product hopping” allegedly impairs competition and allows branded companies to boost prices on newer products. This article examines the need to connect price and quality when assessing competitive effects of new product introductions.
Can The Life Sciences Industry Bank On Biosimilars?
New biosimilar products could reduce system-wide health care costs. But how will they compete with biologics and will they actually have a significant economic impact?
Viewing Recent Opioid Regulations In Context
New federal and state policy initiatives aim to curb opiod abuse, but how do agencies also ensure adequate care for patients with legitimate medical need for such drugs?
Correlation Or Cause: Brand-Name Drug Prescription Rates
Does outside compensation of doctors cause them to prescribe more brand-name drugs? AG's experts analyze a ProPublica report that says yes to determine if the findings are accurate.
The State of Pharma Class Certification After Asacol
Analysis Group experts assess the evolution of class certification in pharmaceutical cases and highlight a factor - the identification of uninjured class members - likely to be crucial in future litigation.
GAO Report Illuminates Insurer Influence On Drug Discounts
How do insurers and manufacturers negotiate drug prices under Medicare Part D? Analysis Group experts analyze a report from the US Government Accountability Office for clues.
Massachusetts
Proactive Pay Equity Studies Can Shield Mass. Employers
Recent updates to the Massachusetts Equal Pay Act (MEPA) have resulted in some of the strongest pay equity laws in the US. Analysis Group experts provide a brief summary of the updates to the law, and outline key considerations for employers in determining whether and how to conduct a proactive pay equity analysis.
Consider Value Vs. Budget Impact in Mass. Drug Prices
Analysis Group Vice President Noam Kirson discusses the difference between value and budget impact – issues that he says are often conflated in the current public policy discourse around prescription drug prices and spending.
Mass. Marijuana Laws Could Have Far-Reaching Impact
Experts from Analysis Group's Health Care Practice discuss several broad questions raised in the debate over marijuana legalization, including implications for opioid-related deaths and hospitalizations, adolescent marijuana use, and crime rates.
The State of Pharma Class Certification After Asacol
Analysis Group experts assess the evolution of class certification in pharmaceutical cases and highlight a factor - the identification of uninjured class members - likely to be crucial in future litigation.
Media & Entertainment
Survey And Real-World Data: A Winning Combination
A team of Analysis Group experts describe how having a more complete picture of the consumer decision-making process based on empirical proof can prove valuable in litigation involving consumer perceptions or choices, such as false advertising or trademark infringement cases.
Learning From Social Media For Adverse Event Reporting
A team from Analysis Group's Health Care Practice explores issues surrounding the use of unstructured postings from social media in the context of pharmacovigilance, drawing on the results of a recent Analysis Group study.
Evaluating Section 230 Liability In The Sharing Economy
How should courts evaluate liability under Section 230 of the Communications Decency Act in the era of the sharing economy? An article shows the relevance of tools from marketing theory and applied economics.
Mergers & Acquisitions
Insights On Provider Consolidation And Narrow Networks
Analysis Group experts share insights on the potential implications for antitrust regulation and enforcement from two recently published health care studies.
Data Pinpoints Expert Valuation Differences In Del. Appraisals
Experts in Delaware appraisal cases often submit widely diverging valuations to the court. What explains this discrepancy, and when should experts disregard market evidence as an indicator of fair value?
New York
How To Interpret A Contract? Ask Those Who’d Sign It
Surveys have been gaining prominence as an accepted method of evaluating consumer perceptions in a wide range of cases, including patent litigation (to assess the drivers of consumer demand) and unfair competition matters (to evaluate potential consumer confusion). However, when it comes to contract disputes, it is often left to the judge or jury to interpret the contract terms.
Privacy
Assessing Liability In The Context Of Corporate Misconduct
High-profile accusations of corporate misconduct, and their accompanying litigation, regularly make today’s headlines, but how can practitioners interpret the introduction of organizational assessments on the evidentiary record?
Product Liability
How To Interpret A Contract? Ask Those Who’d Sign It
Surveys have been gaining prominence as an accepted method of evaluating consumer perceptions in a wide range of cases, including patent litigation (to assess the drivers of consumer demand) and unfair competition matters (to evaluate potential consumer confusion). However, when it comes to contract disputes, it is often left to the judge or jury to interpret the contract terms.
Learning From Social Media For Adverse Event Reporting
A team from Analysis Group's Health Care Practice explores issues surrounding the use of unstructured postings from social media in the context of pharmacovigilance, drawing on the results of a recent Analysis Group study.
What Consumers Really Think About Reference Price Labels
Analysis Group experts describe why empirical studies and surveys are likely to have a more prominent role in determining case outcomes as reference price litigation continues to gain momentum.
Reliable Analysis Is Key To Addressing Ascertainability
US Circuit Courts differ in requirements for demonstrating ascertainability in class certification matters. Two Analysis Group experts offer guidance.
Evaluating Section 230 Liability In The Sharing Economy
How should courts evaluate liability under Section 230 of the Communications Decency Act in the era of the sharing economy? An article shows the relevance of tools from marketing theory and applied economics.
Public Policy
Proactive Pay Equity Studies Can Shield Mass. Employers
Recent updates to the Massachusetts Equal Pay Act (MEPA) have resulted in some of the strongest pay equity laws in the US. Analysis Group experts provide a brief summary of the updates to the law, and outline key considerations for employers in determining whether and how to conduct a proactive pay equity analysis.
Consider Value Vs. Budget Impact in Mass. Drug Prices
Analysis Group Vice President Noam Kirson discusses the difference between value and budget impact – issues that he says are often conflated in the current public policy discourse around prescription drug prices and spending.
Mass. Marijuana Laws Could Have Far-Reaching Impact
Experts from Analysis Group's Health Care Practice discuss several broad questions raised in the debate over marijuana legalization, including implications for opioid-related deaths and hospitalizations, adolescent marijuana use, and crime rates.
A New Standard For Suspicious Order Monitoring
A team of Analysis Group experts discusses recently enhanced DEA expectations for prescription opioid distribution chain compliance and escalated penalties for noncompliance.
Will Expanded EEO-1 Data Collection Yield New Insights?
The EEOC's proposed expansion of employer reporting requirements is seen as likely to increase wage discrimination class action litigation. But will the additional information produce economically meaningful statistical evidence of wage discrimination?
Can The Life Sciences Industry Bank On Biosimilars?
New biosimilar products could reduce system-wide health care costs. But how will they compete with biologics and will they actually have a significant economic impact?
Viewing Recent Opioid Regulations In Context
New federal and state policy initiatives aim to curb opiod abuse, but how do agencies also ensure adequate care for patients with legitimate medical need for such drugs?
Assessing Liability In The Context Of Corporate Misconduct
High-profile accusations of corporate misconduct, and their accompanying litigation, regularly make today’s headlines, but how can practitioners interpret the introduction of organizational assessments on the evidentiary record?
Real Estate
How Bad Data Analyses Can Sabotage Discrimination Cases
Statistics can be a vital part of supporting a legal argument, but if they are misused or misunderstood, what kind of material effect can they have on a case’s outcome?
4 Considerations For Residential Mass Appraisal Valuation
Automated valuation models (AVMs) are powerful tools to build or challenge a legal claim. Here are four takeaways for attorneys to consider when dealing with AVMs in the context of residential real estate litigation.
Retail & E-Commerce
How To Interpret A Contract? Ask Those Who’d Sign It
Surveys have been gaining prominence as an accepted method of evaluating consumer perceptions in a wide range of cases, including patent litigation (to assess the drivers of consumer demand) and unfair competition matters (to evaluate potential consumer confusion). However, when it comes to contract disputes, it is often left to the judge or jury to interpret the contract terms.
Survey And Real-World Data: A Winning Combination
A team of Analysis Group experts describe how having a more complete picture of the consumer decision-making process based on empirical proof can prove valuable in litigation involving consumer perceptions or choices, such as false advertising or trademark infringement cases.
What Consumers Really Think About Reference Price Labels
Analysis Group experts describe why empirical studies and surveys are likely to have a more prominent role in determining case outcomes as reference price litigation continues to gain momentum.
Reliable Analysis Is Key To Addressing Ascertainability
US Circuit Courts differ in requirements for demonstrating ascertainability in class certification matters. Two Analysis Group experts offer guidance.<
Evaluating Section 230 Liability In The Sharing Economy
How should courts evaluate liability under Section 230 of the Communications Decency Act in the era of the sharing economy? An article shows the relevance of tools from marketing theory and applied economics.
Securities
Pay-For-Delay & Stock Prices: Smoking Gun Or Damp Squib?
The AG authors continue a debate over whether stock price increases can serve as a proxy for the traditional rule of reason analysis required by the Supreme Court’s Actavis decision in establishing whether a particular reverse-payment settlement is anti-competitive.
Stock Prices Aren't Enough For 'Rule Of Reason' Analysis
The US Supreme Court’s decision in FTC v. Actavis requires evidence of the presence or absence of anti-competitive effects. But stock market evidence should not shortcut the rule of reason analysis required for these settlements.
4 Considerations For Residential Mass Appraisal Valuation
Automated valuation models (AVMs) are powerful tools to build or challenge a legal claim. Here are four takeaways for attorneys to consider when dealing with AVMs in the context of residential real estate litigation.
Assessing Liability In The Context Of Corporate Misconduct
High-profile accusations of corporate misconduct, and their accompanying litigation, regularly make today’s headlines, but how can practitioners interpret the introduction of organizational assessments on the evidentiary record?
Data Pinpoints Expert Valuation Differences In Del. Appraisals
Experts in Delaware appraisal cases often submit widely diverging valuations to the court. What explains this discrepancy, and when should experts disregard market evidence as an indicator of fair value?
Sports
How Bad Data Analyses Can Sabotage Discrimination Cases
Statistics can be a vital part of supporting a legal argument, but if they are misused or misunderstood, what kind of material effect can they have on a case’s outcome?
Technology
A New Standard For Suspicious Order Monitoring
A team of Analysis Group experts discusses recently enhanced DEA expectations for prescription opioid distribution chain compliance and escalated penalties for noncompliance.
Reliable Analysis Is Key To Addressing Ascertainability
US Circuit Courts differ in requirements for demonstrating ascertainability in class certification matters. Two Analysis Group experts offer guidance.
Practical Uses For Machine Learning In Health Care Cases
What are the practical uses of machine learning capabilities in health care litigation? This article examines applications of machine learning in the courtroom.
Machine-Learning Algorithms Can Help Health Care Litigation
Machine-learning algorithms are ubiquitous these days. But what are machine-learning algorithms and what is their potential role in health care litigation?
RESPONSE TO REJOINDER: Clearing Up The Confusion
This opinion piece attempts to resolve a dispute over an earlier AG-authored article, "It's Not An Inappropriate Reasonable Royalty Rule," regarding whether the Good decision is within the scope of issues that juries commonly resolve.
REBUTTAL: It’s Not An Inappropriate Reasonable Royalty Rule
A recent article on Good Technology Corporation v. Mobile Iron Inc. posits that the court’s decision was flawed. Two Analysis Group experts rebut this opinion, finding that the Good decision is consistent with recent guidance on determining reasonable royalty damages.
Evaluating Section 230 Liability In The Sharing Economy
How should courts evaluate liability under Section 230 of the Communications Decency Act in the era of the sharing economy? An article shows the relevance of tools from marketing theory and applied economics.
Telecommunications
How To Interpret A Contract? Ask Those Who’d Sign It
Surveys have been gaining prominence as an accepted method of evaluating consumer perceptions in a wide range of cases, including patent litigation (to assess the drivers of consumer demand) and unfair competition matters (to evaluate potential consumer confusion). However, when it comes to contract disputes, it is often left to the judge or jury to interpret the contract terms.
Texas
How Bad Data Analyses Can Sabotage Discrimination Cases
Statistics can be a vital part of supporting a legal argument, but if they are misused or misunderstood, what kind of material effect can they have on a case’s outcome?
Transportation
How To Interpret A Contract? Ask Those Who’d Sign It
Surveys have been gaining prominence as an accepted method of evaluating consumer perceptions in a wide range of cases, including patent litigation (to assess the drivers of consumer demand) and unfair competition matters (to evaluate potential consumer confusion). However, when it comes to contract disputes, it is often left to the judge or jury to interpret the contract terms.
Reliable Analysis Is Key To Addressing Ascertainability
US Circuit Courts differ in requirements for demonstrating ascertainability in class certification matters. Two Analysis Group experts offer guidance.
Assessing Liability In The Context Of Corporate Misconduct
High-profile accusations of corporate misconduct, and their accompanying litigation, regularly make today’s headlines, but how can practitioners interpret the introduction of organizational assessments on the evidentiary record?
Trials
How To Interpret A Contract? Ask Those Who’d Sign It
Surveys have been gaining prominence as an accepted method of evaluating consumer perceptions in a wide range of cases, including patent litigation (to assess the drivers of consumer demand) and unfair competition matters (to evaluate potential consumer confusion). However, when it comes to contract disputes, it is often left to the judge or jury to interpret the contract terms.
Reliable Analysis Is Key To Addressing Ascertainability
US Circuit Courts differ in requirements for demonstrating ascertainability in class certification matters. Two Analysis Group experts offer guidance.
Machine-Learning Algorithms Can Help Health Care Litigation
Machine-learning algorithms are ubiquitous these days. But what are machine-learning algorithms and what is their potential role in health care litigation?
White Collar
Assessing Liability In The Context Of Corporate Misconduct
High-profile accusations of corporate misconduct, and their accompanying litigation, regularly make today’s headlines, but how can practitioners interpret the introduction of organizational assessments on the evidentiary record?
