Brian Ellman
Education
M.B.A., Yale School of Management; B.A., international affairs, George Washington University
Summary of Experience
Mr. Ellman specializes in the application of microeconomics, statistics, and financial analysis to complex commercial litigation matters and government investigations. He has worked on behalf of the US Department of Justice and Federal Trade Commission, and has consulted to law firms in litigation and regulatory matters involving the assessment of economic damages, antitrust and competition, drug safety and product liability, and intellectual property. Mr. Ellman has prepared expert reports and provided testimony pertaining to class certification, causation, and damages issues in cases involving data breaches and allegations of false advertising. He has conducted market analyses and assessments of competitive effects in major antitrust matters, as well as for proposed and executed mergers. Mr. Ellman has also conducted economic and statistical analysis in a wide variety of industries, such as managed health care, pharmaceuticals and medical devices, consumer electronics, hardware and software products, and consumer packaged goods. He has published articles on a wide range of topics, including the assessment of causation and harm in data breach litigation, the appropriate analysis and interpretation of post-marketing surveillance data in product liability cases, and the economics of biosimilar drugs. Mr. Ellman has also presented on topics such as competition in pharmaceutical markets and the assessment of harm and economic damages resulting from data breaches.
- Breach of Contract Litigation Involving a Biopharmaceutical Innovation
- In re: Allergan PLC Securities Litigation
- In re: Foreign Exchange Benchmark Rates Antitrust Litigation
- Ingevity Corp., et al. v. BASF Corp.
- Louisiana Wholesale Drug Co., Inc. v. Sanofi-Aventis
- OCC administrative actions against Rohan Ramchandani, former head of European FX Spot Trading at Citibank, and Richard Usher, former head of EMEA FX Spot Trading at JPMorgan Chase
- Pharmacyclics LLC, et al. v. Fresenius Kabi USA LLC, et al.
- Todd J. Mortier v. LivaNova USA, Inc.
- WEX Inc Acquisition of Electronic Funds Source LLC
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The Curious Case of Aspartame: How the Same Evidence Can Yield Seemingly Different Conclusions
Food and Drug Law Institute, January 2024
2024 -
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The Economics of Biosimilar Drugs and New Considerations in Intellectual Property and Antitrust Litigation
Public Domain: The Newsletter of the ABA Section of Antitrust Law’s Intellectual Property Committee, July 2018
2018 -
The Rise of Biosimilars and the Future of Healthcare Intellectual Property
IAM, November/December 2018
2018 -
Evaluating Dose Ratio of Subcutaneous to Intravenous Immunoglobulin Therapy Among Patients With Primary Immunodeficiency Disease Switching to 20% Subcutaneous Immunoglobulin Therapy
The American Journal of Managed Care, Supplement, Volume 22, No. 15
2016Krishnarajah G, Lehmann JK, Ellman B, Bhak RH, DerSarkissian M, Leader D, Bullinger AL, Sheng Duh M
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What Attorneys Should Know About FDA’s MedWatch Data
Law360, January 29, 2014
2014 -
Assessing the Effects of Most-Favored Nation Clauses
Spring Meeting, ABA Section of Antitrust Law
2012Samuelson M, Piankov N, Ellman B
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The Evolving Standards for Class Certification in Antitrust Cases
White Paper, 2012
2012 -
From Economic Theory to Real-World Transactions: Highlights from the FTC/DOJ’s Recent Workshop on Most-Favored-Nation Clauses
ABA Antitrust Section Joint Conduct Committee E-Bulletin, Volume 10, No. 1, Fall 2012
2012Samuelson M, Piankov N, Ellman B
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Average Wholesale Price: Efficient Benchmark, or Conspiratorial Instrument?
The Price Point (Volume 10, Issue 1)
2011Hoffman Schouten E, Ellman B
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September 30, 2024
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January 17, 2024
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August 3, 2023
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January 5, 2023