T. Christopher Borek
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 US 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.
Provided Expert Testimony
- 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
- 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.
- WFC Holdings Corporation v. United States of America
- Wisconsin Alumni Research Foundation v. Apple
Impact at JMR, 2022
Handbook of Marketing Analytics: Methods and Applications in Marketing Management, Public Policy, and Litigation Support
Borek TC, Oza A
Tax Shelters or Efficient Tax Planning? A Theory of the Firm Perspective on the Economic Substance Doctrine
Journal of Law and Economics, November 2014
White Paper, November 2012
August 17, 2022
July 1, 2021
June 15, 2020
June 24, 2019
- Q&A Markets, Data, and the Value of High-Tech Patents: A Q&A with Christopher Knittel
- AG Feature Contracts and Crisis: Nobel Laureate Oliver Hart on Contract Theory and the World of the Pandemic
- Q&A Setting the Record Straight: Effective Antitrust Enforcement in the Digital Era
- Case Outcome AT&T Acquisition of DIRECTV – Survey of Consumer Preferences
Apple v. Samsung Trial (May 2014)
Apple v. Samsung Injunction Ruling (December 2012)
In re Google AdWords Litigation