MGM Applied Economic Consulting - Helping Clients Understand Y
 
 
 
 
 
 
 
Education
 
Ph.D., Economics, Princeton University, 1996
MA, Economics, Princeton University, 1994
BA, Economics and Mathematics, Boston University, 1992
 
 
Employment
 
Freeman, Sullivan & Company (The FSC Group), San Francisco, CA
2008-2009
Senior Consultant
Responsibilities:
 
Provide support to energy team through statistical modeling of short-interval energy usage data to assess customers' responsiveness to changing prices and incentive programs.  Designed statistical models for both liability and damages for litigation team.
 
FTI Consulting, San Francisco, CA
2003-2008
Director, Forensic and Litigation Consulting
Responsibilities:
 
The computation of economic damages which arise in competitive practices litigation, wage and hour matters, intellectual property valuation, breach of contract, healthcare, and Qui Tam false claims law. Experience in matters before numerous government agencies, including the DOJ, FTC, FCC, ITC, DOC, and other regulatory proceedings.
 
 
Economists Incorporated, Washington, DC
1996-2003
Vice President
Responsibilities:
 
Specialized in empirical econometric and statistical analyses of microeconomic problems arising in merger filings and antitrust litigation. Developed statistical models for competitive analysis, damage estimates, cost modeling, and survey analysis.
 
 
Selected Projects
 
Healthcare
 
Rebuttal to OIG statistical report and extrapolation methodology in RADV Audit/Medicare claims review (Three cases for two separate providers).
 
Rebuttal to OIG statistical report and extrapolation methodology in Medicare claims review (Numerous matters on behalf of several different providers).
 
Rebuttal to US Government sampling and extrapolation analysis of alleged overbilling by several providers of geriatric psychiatric and psychological services, including appeal and testimony before ALJ (Two cases for two separate providers).
 
Performed statistical sampling and extrapolation analysis of possible overpayments to large US pharmacy chain for COB Medicaid prescriptions.
 
Provided assistance to outside counsel for a claims reimbursement company in connection with an arbitration concerning the company’s late payment of claims submitted by a hospital chain.  Assistance included the assessment of the hospital chain’s consultant’s methodology utilized to statistically quantify the claimed damages.
 
Analysis of data on Medicare and Medicaid payments for Albuterol Sulfate for home oxygen therapy to rebut US government claims of allegedly inflated reimbursements.
 
Rebuttal report in Qui Tam false claims case involving statistical analysis of hospital purchases of allegedly unneeded supplies.
 
Assisted in analysis of econometric work on behalf of defendants in the alleged monopolization of psychiatric hospitals in the Dallas area by NME in Timberlawn v. Tenet Healthcare, et al.
 
Summary Report: Interviews of Representative HIMA Members’ Views on FASA, prepared for HIMA (with Meg Guerin-Calvert).
 
Economic analysis and report on HCFA “Inherent Reasonableness” survey methodology and data, used as the basis for proposed adjustments to the Medicare reimbursements for several durable medical products, including blood glucose strips.
 
Prepared economic analysis of issues related to reimbursement rates, access, and quality issues for the Roche HIV-1 Viral Load test, including implications of HCFA “gap-fill” methodologies and possible national fee cap.
 
 
Sampling and Survey Design
 
Analyzed data from multiple user surveys (both residential and C&I) on outage costs to produce reliable, transparent, and publicly available outage cost information that can be applied in value-based reliability planning.
 
Assisted in the design and analysis of a survey of consumer attitudes and willingness to pay for plug-in hybrid electric vehicles (PHEVs) to assist utilities on planning efforts.
 
Designed and analyzed of a survey of consumer attitudes and willingness to pay for plug-in hybrid electric vehicles (PHEVs).  Determined likely penetration rates of PHEVs vis-à-vis traditional hybrid vehicles (HEVs) to assist major US utility in planning for potential increased electricity load as PHEVs enter the market.
 
Investigated claims of unpaid meal and rest breaks at one of the largest fast food chains in the US.  Conducted a survey of current employees to assess work habits.
 
Designed a survey of clinical trial data for a university health system for the purpose of auditing Medicare reimbursement amounts.
 
Analysis provided in selecting a statistically valid sample of insurance claims in order to compute reliable estimate of alleged accounting error.
 
Analysis of sample chosen by plaintiff in a revenue dispute case involving accounts receivable discrepancies.
 
Statistical analysis and survey design relating to contracts for major U.S. credit bureau. 
 
 
Statistical Damage Modeling
 
Analysis of Asbestos claims data.  Developed an allocation model for all insurers to predict coverage amounts based on legal rulings.
 
Developed a probability model to rebut damage claims of Plaintiffs’ expert in work for large manufacturer of plumbing supplies.
 
Analysis of data on hard drive failures.  Statistical analysis of data on laptop hard drive failures on behalf of plaintiff in defective product litigation.
 
Statistical analysis of data on pipe leaks.  Survival analysis of leaks in polybutylene cold water service pipes in several jurisdictions.
 
 
Anticompetitive Behavior
 
Designed and managed statistical and econometric analyses to investigate the impact of alleged price-fixing among cement producers. The case dealt with Federal Sentencing Guideline issues and the estimation of affected commerce, where a two-stage regression analysis was utilized that sought to isolate whether prices of alleged impacted months were indeed inflated by the allegations of price-fixing.  The methodology in the case was ultimately described in an article presented at the Western Economic Association International Annual Conference in Vancouver, B.C. on July 1, 2009.
 
Declarations and other economic analysis relating to alleged monopolization and attempted monopolization of the west coast swimming pool chemicals distribution market in Pool Water Products, et al. v. Olin Corporation, et al.
 
Assisted with competitive analysis for defendants of foreclosure claim in plastic golf cleats industry in Green Keepers, Inc. v. Softspikes, Inc. and MacNeill Engineering Worldwide, Inc.
 
Work on Niacin and Choline Chloride as part of In Re: Vitamins litigation and Methionine in related litigation. Worked on numerous aspects of these three cases, including assistance in the drafting of affirmative and rebuttal report incorporating econometric analysis of damages due to alleged price fixing conspiracy.
 
Detailed analyses of 1992 and 1996 Surveys of Consumer Finances data to investigate restraint of trade claims.
 
Analysis of data pertaining to allegations of price fixing in the cement industry.  Econometric estimation of reduced-form model of demand, testing for effects of alleged market manipulation.
 
 
Mergers/Acquisitions
 
Assisted in economic analysis in support of merger of two Long Island hospitals, Long Island Jewish and Northshore Manhasset.
 
Submitted a paper to the FCC on behalf of the Newspaper Association of America (NAA) on structural change in media markets since 1975 and the potential benefits of joint ownership to assist the Commission in reviewing its Newspaper-Broadcast Cross-Ownership rule.
 
Solution 6/CMS proposed acquisition of Elite Information Group (time and billing software systems): Hart-Scott-Rodino review by the Federal Trade Commission.
 
Statistical analysis of potential effects of FCC’s proposed digital “must-carry” rules, In the Matter of Carriage of Transmissions of Digital Television Broadcast Stations, Amendments to Part 76 of the Commission’s Rules, CS Docket No. 98-120.
 
Econometric analyses of market definition in Radio, Television, and Newspaper advertising markets.
 
Assisted in clearance of merger of two large telecommunications equipment manufacturers (DSC and Alcatel) - overlap in digital cross connects (DCSs).
 
Acquisition of Union Carbide by Dow Chemical: Hart-Scott-Rodino review by Federal Trade Commission.
 
Acquisition of Infinity Broadcasting Corporation by Westinghouse Electric Corporation. Hart-Scott-Rodino review by the Department of Justice.
 
USA Waste acquisition of United Waste.
 
Qwest-US West merger.
 
 
Finance
 
Provided economic and econometric analysis of Municipal Securities Rulemaking Board (MSRB) database of individual transactions for the purpose of defining and investigating certain structural relationships in the municipal securities market, as well as potential oversight or rulemaking.
 
Assisted in preparation of report on ATM fees on behalf of American Bankers Association.
 
Conducted event study and damages analysis in complex 10-b-5 securities class action case involving medical products manufacturer accused of earnings distortion.
 
 
Intellectual Property
 
Work for large multinational bank in defense of shareholder class action lawsuit alleging stock price inflation.
 
Performed lost profit and reasonable royalty analysis in patent infringement matter involving home fitness equipment.
 
Performed lost profit and reasonable royalty analysis in patent infringement matter involving printer equipment.
 
Performed lost profit and reasonable royalty analysis in patent infringement matter involving golfing equipment.
 
Detailed statistical analysis of music usage data to help determine appropriate licensing fees for public broadcasts.
 
Performed reasonable royalty analysis including econometric model of similar products for a multinational firm in the office software industry in a patent infringement matter.
 
 
Energy Markets
 
Assisted in the development of enrollment forecasts and ex-post load reduction predictions in order to generate ex-ante load reduction forecasts for PG&E’s SmartRate program.
 
Assisted in the development of estimates of load impacts and forecasts of demand response programs for Ontario Power Authority (OPA).
 
Assisted in the development of ex post estimates of load impacts and ex ante forecasts of demand response programs for Ontario Power Authority (OPA).Designed a survey of clinical trial data for a university health system for the purpose of auditing Medicare reimbursement amounts.
 
 
Wage & Hour Matters
 
Analyzed class certification issues as they related to a wage-hour dispute of an airline company.
 
Work for several large US retail firms in defense of class action wage and hour cases.
 
Analysis of employee work history data to rebut class certification and damage estimates in employment classification matter.
 
Analysis of employee work history data for nationwide fast food chain to rebut class certification and damage estimates in employment classification and rest break matter.
 
Investigated claims of unpaid benefits and overtime at large perfume consortium.  Analyzed data on seasonal department store workers to assess viability of claims for unpaid pension and medical benefits.
 
 
Trade
 
Helped prepare testimony on behalf of respondent Hyundai in Sunset Review No. 713-TA-556: Dynamic Random Access Memory Semiconductors from Korea, United States International Trade Commission, September 2000.
 
Prepared testimony on behalf of Coalition for Fair Lumber Imports in Certain Softwood Lumber Products From Canada, International Trade Administration and International Trade Commission, 2001-2002 (No. 701-TA-414).
 
 
Telecommunications
 
Submitted report to the FCC entitled “An Economic Analysis of the SB.C.-Ameritech Merger” (joint with Gregory Rosston) accompanying joint comments of Attorneys General of Michigan, Indiana, Missouri, and Wisconsin. Report cited several areas of potential competitive concerns with the merger, also proposed conditions for FCC approval of the merger.
 
Merger of two large telecommunications equipment manufacturers (DSC and Alcatel) - overlap in digital cross connects (DCSs).
 
Analysis of “FCC Staff Model of the Telecommunications Industry” for possible use in local competition provisions of the Telecommunications Act of 1996.
 
Developed an econometric model of digital switching costs for use in cost proxy models, joint with Steven E. Siwek. Used to support LD companies in 251 proceedings.
 
Design of statistically valid sampling procedure for study of work times of various local telephony activities. Provided affidavit and testimonial support of these procedures before the Maryland PUC.
 
Prepared testimony on behalf of respondent steel importers from Korea, Brazil, Japan, UK, Italy, and other European countries in Section 201 (“safeguard”) action filed by President Bush before the International Trade Commission, 2001 (No. 201-TA-073).
 
 
Testimony, Depositions, Affidavits, Declarations
 
Deposition in Qui Tam case for large U.S. hospital management company based on submitted Rule 26 Report, July 10, 2006.
 
Prepared testimony on behalf of respondent Hyundai in Sunset Review (No. 713-TA-556): Dynamic Random Access Memory Semiconductors from Korea, United States International Trade Commission, September 2000.
 
Testified before the International Trade Commission on behalf of the Coalition for Fair Lumber Imports in Certain Softwood Lumber Products From Canada (No. 701-TA-414), April, 2002.
 
Testified before the U.S. International Trade Commission on behalf of respondent steel importers from Korea, Brazil, Japan, UK, Italy, and other European countries in Section 201 (“safeguard”) action (No. 201-TA-073), November 8, 2001.
 
Before the Public Service Commision of Maryland, In the matter of the investigation of non-recurring charges for telecommunications interconnection services, Case No. 8786 (Testimony Jan. 25, 1999).
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