Mark A. Gustafson
M.P.P., John F. Kennedy School of Government, Harvard University; B.A., business economics and political science, University of California, Los Angeles
Summary of Experience
Mr. Gustafson applies his expertise in economics, econometrics, and modeling to litigation matters, complex business issues, and the analysis of public policy issues. He has worked extensively in the areas of health care, insurance, employment, ERISA, finance, intellectual property, commercial damages, and class certification.
In his litigation work, Mr. Gustafson has testified at deposition, arbitration, and trial on physician compensation, the reasonable value of medical services, retirement benefits, employment compensation, lost earning capacity, and commercial damages, and he has critiqued plaintiffs’ proposed damages formulas in several class actions. His work with federal agencies includes leading teams in two notable fraud cases: US Department of Justice v. Tenet, which resulted in one of the largest settlements ever paid in a health care fraud case; and US Securities and Exchange Commission v. Yuen, which resulted in one of the largest civil penalties ever assessed in an accounting fraud case.
Mr. Gustafson has worked with clients to perform affirmative pay equity studies and to develop methodologies to address identified disparities. He has explored economic issues associated with a wide range of insurance products, and also has experience in a variety of ERISA matters, including those related to 401(k) defined-contribution plans, health care plans, benefits, and insurance claims. Additionally, he has assembled and analyzed large, proprietary datasets common in pay equity, insurance, and health care engagements. Prior to joining Analysis Group, Mr. Gustafson was the business manager in Tokyo for an international nonprofit.
Provided Expert Testimony
- Lynne Houserman v. ComTech Telecommunications Corporation, et al. and Telecommunication Systems Inc. v. Lynne Houserman, et al.
- Class Action Sales Practices Litigation Surrounding Vanishing Premium Sales
- Class Action v. Horace Mann Life Insurance et al.
- Coba, et al. v. Ford Motor Company
- Colgate Softsoap False Advertising Consumer Class Action
- Confidential Regulatory Matter Involving Alleged Failure to Annuitize Variable Annuities
- ERISA Health Care Litigation Related to Deductibles and Out-of-Pocket Expenses
- George R. Golson v. Provident Life and Accident Insurance Company, et al.
- In re Managed Care Litigation
- John Cepelak, et al. v. HP Inc.
- LAPD Pedestrian and Motor Vehicle Stop Data Analyses
- LAPD Racial Profiling Analysis
- Margie Daniel, et al. v. Ford Motor Company
- Paul B. Butler v. Porsche Cars North America, Inc.
- Sargon Enterprises v. University of Southern California
- SEC v. Pacific West Capital Group, et al.
- Securities and Exchange Commission v. Henry Yuen
- US Department of Justice v. Tenet Healthcare Corporation
- Washington State Hospital Association Medicaid Supplemental Payments Matter
- WML Gryphon Fund, LLC, et al., v. Wood, Hat & Silver, LLC, et al.
ABA Health eSource, August 2021, Vol. 17, No. 11
Recent Developments in Business and Corporate Litigation, 2020 Edition
Report Prepared for City of Los Angeles
October 5, 2023
December 27, 2022
September 13, 2021
August 27, 2020
August 19, 2020
May 28, 2020
March 5, 2020
- AG Feature Financial Impacts for Hospitals from COVID-19
- AG Feature Evaluating the But-For World: Surveys, Experiments, and Market Data
- AG Feature Statistical Approaches to Pay Equity Issues: A Q&A with Affiliate Anthony LoSasso
- Health Care Bulletin A Look Inside Health Care Big Data
Colgate Softsoap False Advertising Consumer Class Action
Class Action v. Horace Mann Life Insurance et al.