Analysis Group Forum: Summer 2018

From Our CEO

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How can the power of data science be harnessed to create effective controls against the diversion of opioids and other controlled substances, or to predict whether a disputed patent will survive a challenge? What are the legal and regulatory implications of multi-sided platforms, where behavior that some see as anticompetitive may in fact enhance consumer welfare? These are among the many complex issues that we explore in this issue of Forum, which demonstrates the breadth and depth of economics, health care, and litigation support expertise we bring to the challenges our clients face.

Other exciting developments discussed in these pages include cryptocurrencies and the manifold regulatory and litigation questions they present; the causes and implications of a recent wave of retail liquidations; electric grid resiliency and the future of liquefied natural gas in Europe; tensions between cost effectiveness and affordability in drug pricing; determinants of essentiality in standard essential patents; and debates over the admissibility of surveys in litigation.

We remain committed to our distinctive, collaborative culture, which provides the underpinning for the success of our firm and our clients. I hope you enjoy this issue.

— Martha S. Samuelson, CEO and Chairman

Economic Consulting in the Data Science Era

Data science is being used in consulting to law firms, corporations, and government agencies to create more powerful predictive models and inform critical decision making.
How Data Scientists Can Leverage Online Reviews in IP and Antitrust Disputes

The exponential growth of user-generated data is yielding new insights into how products compete with one another.
The Ongoing Evolution of Cryptocurrency Regulation and Litigation

Regulatory agencies’ approaches to cryptocurrencies will have a key impact on how these cutting-edge technologies will evolve, and the litigation that they will inevitably generate.
Exclusionary Abuses and Multi-sided Platforms

Multi-sided platforms have a long history, but the complex economics underlying them have only recently begun to be disentangled by competition enforcers and economists.
Will Retail Debt and Financial Distress Continue to Grow?

The increasing amount of leverage on brick-and-mortar retailers’ balance sheets underscores the need for a sophisticated understanding of debt management options.
The Outlook for Resilience in Electricity Generation and Distribution

Puerto Rico’s continuing struggle to recover from Hurricane Maria provides a sober reminder of the importance of a resilient and strong electric grid.
LNG Contracts Taking New Shape in Europe and Globally

Evolving supply and demand factors are leading to a more competitive, globally integrated liquefied natural gas (LNG) market.
Challenges and Opportunities: Suspicious Order Monitoring of Prescription Opioids

The Suspicious Order Monitoring (SOM) requirement has become an important weapon in battling the opioid crisis in the United States.
More than Dollars and Cents: Prescription Drug Pricing and Value

Policy solutions need to consider both the considerable value and significant budgetary challenges presented by high-priced prescription drugs.
Building a Foundation for Essentiality in Standard Essential Patents

Legal and economic incentives can lead to an over-declaration of standard essential patents (SEPs); little work has been done to link patent value with essentiality.
Introducing Surveys into Evidence: How to Avoid Bias

Consumer surveys have been gaining prominence in an increasingly broad range of civil litigation.