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Ph.D., Economics, Princeton
MA, Economics, Princeton
BA, Economics and Mathematics,
Boston University, 1992
MGM Applied Economic Consulting, San
consultant specializing in applied statistical analysis, econometric modeling,
and sample design and analysis in both private and public litigation, as well
as other legal matters. Testimonial experience in matters before numerous
government agencies, including the OIG, DOJ, FTC, FCC, ITC, DOC, and other
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
2003-2008 Director, Forensic and
Responsibilities: Liability and damage calculations using statistical
modeling in a variety of areas, including competitive practices litigation (Antitrust
and IP), wage and hour matters, insurance/asbestos, Mortgage underwriting,
10b-5 securities litigation, construction, and false claims act matters. Design
and critique sample design and extrapolation in a variety of matters, including
consumer/customer surveys for litigation, healthcare reimbursement audits, and
1996-2002 Vice President
Responsibilities: At Economists, Inc. I specialized in empirical
econometric and statistical analyses of microeconomic problems arising in
merger filings and antitrust litigation. I also developed statistical models
for competitive analysis, damage estimates, cost modeling, and survey analysis.
- Statistical analysis of possible overpayments of
selected physicians at various hospitals for national healthcare provider in
- Statistical analysis of alleged
excessive hospice stays for national healthcare provider.
- Rebuttal to OIG statistical report and
extrapolation methodology in RADV Audit/Medicare claims review (Three cases for
two separate providers).
- Rebuttal to statistical analysis from Government
contractors with regard to sampling and extrapolation methodology in Medicare/Medicaid
claims review (More than 100+ matters on behalf of several different
- Statistical analysis of
differential costs in provision of physician healthcare services as part of
clinical effectiveness review.
- Statistical analysis of alleged
Medicare overpayments for large number of university-based clinical trials.
- 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
- 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.
- Supplemental Analysis of "Inherent
Reasonableness" Survey, prepared for HIMA (with Matthew Mercurio);
February 1999. Report on DMERC "Inherent Reasonableness"
Survey, prepared for HIMA (with Meg Guerin-Calvert); November 1998.
- Summary Report: Interviews of Representative HIMA
Members' Views on FASA, prepared
for HIMA (with Meg Guerin-Calvert); July 1997.
- 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.
- Manufacturing Resources
International, Inc. vs. Civiq Holdings, Civiq Smartscapes, Comark Holdings, and
Comark involving 17 patents generally related to cooling systems for computer
- TQ Delta, LLC v. 2Wire, Inc.
involving patents related to Digital Subscriber Line (DSL) technology.
- Autel Robotics USA LLC, Autel
Aerial Technology Co. Ltd. and Autel Intelligent Technology Co., Ltd.
("Autel'') vs. SZ DJI Technology Co. LTD. and DJI Europe B. V. involving
patents related to Aerial drone technologies.
- Nelson Products, Inc. (“NPI”) and
Carl Nelson, an individual (“Mr. Nelson”) v. Bal Seal Engineering, Inc.
involving misappropriation of trade secrets related to high-performance
- Good v. MobileIron– Provided
client MobileIron with an assessment of damages incurred as a result of an
alleged patent infringement pertaining to Personal Information Management
security software. Assisted in preparing testimony for lead expert Richard J.
Eichmann within a jury trial before Judge Grewal in San Jose, California.
- Fujifilm, Inc. v. Motorola
Mobility, LLC. Rebutted an opposing damages expert’s use of survey studies as
an indication of value for client Motorola Mobility in a patent infringement
suit concerning camera and Wi Fi features. Assisted in preparation of testimony
for lead expert Richard J. Eichmann within a jury trial before Judge Orrick in
San Francisco, California.
- SteelSeries, Inc. Rebutted an
opposing damages expert’s calculation of reasonable royalty for client
SteelSeries in a patent infringement suit concerning gaming mice technology. I provided
analysis in support of the testimony of lead expert Richard J. Eichmann within
a jury trial before Judge Payne in Marshall, Texas.
- The Parallax Group International,
LLC v. Incstores, LLC involving patents related to resilient rubber flooring.
- Polygroup Ltd. v. Willis Electric
Co., Ltd. involving patents related to pre-assembled Christmas trees.
- 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
- Performed lost profit and
reasonable royalty analysis in patent infringement matter involving golfing
- Detailed statistical analysis of
music usage data to help determine appropriate licensing fees for public
- Performed reasonable royalty
analysis including econometric model of similar products for a multinational
firm in the office software industry in a patent infringement matter.
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
- 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
- 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 Analysis / Damage
dependent (logit/probit) analysis of home loan failures in large
mortgage-backed securitizations on behalf of large bank underwriters to
differentiate the effects of alleged fraudulent underwriting from other causes
of loan failure (4 separate class-action cases for 4 banks).
- Breach of Contract (Recreational Vehicles) –
Rebutted the statistical validity of an opposing expert’s inferences on the use
of his survey design in a matter dealing with the impact of sales to a recreational
manufacturer as a result of an alleged harm to their reputation due to an
interior drywall component. Within the same case I wrote a separate report that
rebutted the statistical validity of an economic expert’s damage calculation
that sought to calculate the impact on sales due to an alleged reputational
- Breach of Contract - Managed the analytical aspects
of a complex damage calculation model and prepared and presented our findings
to counsel in the matter of a breach of contract dispute between two U.S.
of Asbestos claims data. Developed an allocation model for all insurers to
predict coverage amounts based on legal rulings.
a probability model to rebut damage claims of Plaintiffs’ expert in work for
large manufacturer of plumbing supplies.
of data on hard drive failures. Statistical analysis of data on laptop hard
drive failures on behalf of plaintiff in defective product litigation.
analysis of data on pipe leaks. Survival analysis of leaks in polybutylene cold
water service pipes in several jurisdictions.
and managed statistical analyses to investigate the alleged impact of
price-fixing among cement producers. In addition to econometric analysis of
duration and scope of the alleged conspiracy, assisted in the criminal
investigation by demonstrating the tradeoff between the price effect of the
affected conspiracy and the total “affected commerce”, upon which criminal
sentencing is based. 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.
- Assisted two foreign manufacturers of insecticides
used in aerial forest spraying regarding allegations of price-fixing via
allocation of the Canadian market.
Assisted in both liability and damages via econometric analyses of input
costs and output prices, taking account of both capacity constraints and the
already high concentration levels in the market.
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.
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.
Employed statistical techniques to filter and summarize the individual
transactions data for millions of individual purchases, reducing the scope of
the statistical analysis to a manageable level.
analyses of 1992 and 1996 Surveys of Consumer Finances data to investigate
restraint of trade claims.
in economic analysis in support of merger of two Long Island hospitals, Long
Island Jewish and Northshore Manhasset.
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
6/CMS proposed acquisition of Elite Information Group (time and billing
software systems): Hart-Scott-Rodino review by the Federal Trade Commission.
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.
analyses of market definition in Radio, Television, and Newspaper advertising
in clearance of merger of two large telecommunications equipment manufacturers
(DSC and Alcatel) - overlap in digital cross connects (DCSs).
of Union Carbide by Dow Chemical: Hart-Scott-Rodino review by Federal Trade
of Infinity Broadcasting Corporation by Westinghouse Electric Corporation.
Hart-Scott-Rodino review by the Department of Justice.
- USA Waste
acquisition of United Waste.
- Work for large multinational bank
in defense of shareholder class action lawsuit alleging stock price inflation.
Securities – Managed and designed econometric models tasked with analyzing loss
causation as it relates to losses across tranches within securitizations.
Securities – Worked in assistance to sampling expert in the Federal Housing Finance
Agency v. J.P. Morgan Securities LLC et al matter.
- 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 (5 separate cases).
- Mortgage-Backed Securities
(Statistical Analysis) – Worked in assistance to sampling expert in the Federal
Home Loan Bank of Pittsburgh v. J.P. Morgan Securities LLC et al matter.Mortgage-Backed Securities –
Provided statistical support of a motion to deny class certification of a
proposed class of investors that sought restitution from an underwriter for allegedly
not having properly accounted for the risk of the underlying collateral of
- Mortgage-Backed Securities –
Provided statistical and econometric support examining the factors that
influence the likelihood of loan default as it pertained to a class action that
sought restitution of the alleged wrongdoings of a municipal bond insurance
- Mortgage-Backed Securities –
Provided statistical support in examining the difference of bid and close data
provided a municipal bond insurance agency.
- Securities Litigation – Conducted
event studies and loss causation models on a variety of 10b(5) class action
- 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
- 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.
Employment and Wage & Hour
- Assisted in statistical analysis related to
allegations of racial discrimination by Booz-Allen & Hamilton's Worldwide
Technology Business ("WTB").
class certification issues as they related to a wage-hour dispute of an airline
- Work for
several large US retail firms in defense of class action wage and hour cases.
of employee work history data to rebut class certification and damage estimates
in employment classification matter.
of employee work history data for nationwide fast food chain to rebut class
certification and damage estimates in employment classification and rest break
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.
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.
- Submitted a report on behalf of
the C-SPAN networks analyzing the potential effect of the FCC’s proposed
Digital Must Carry (DMC) rules on the decision of individual cable operators
whether or not to carry the C-SPAN networks.
- 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 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.
Speeches & Publications
- “Use of Two-Stage Linear
Regression Models in Identifying the Existence and Extent of Affected Commerce
in Price-Fixing Cases,” co-author with Richard J. Eichmann, working paper. Co-presented
with Richard J. Eichmann under the “Commercial Damages and Antitrust
Litigation” section of the Western Economic Association International Annual
Conference in Vancouver, B.C. on July 1, 2009.
- Mercurio, Matthew G. and
Esfandar Maasoumi. “Using Statistics in Patent Cases: A Case Study,” in
Economic Damages in Intellectual Property (Ed. Daniel Slottje), New York, NY:
- Report of Gregory L.
Rosston and Matthew G. Mercurio, An Economic Analysis of the SBC-Ameritech
Merger, Submitted ex Parte along with comments of the Attorneys General of the
States of Indiana, Michigan, Missouri and Wisconsin, FCC CC Docket No. 98-141,
April 26, 1999.
- A Probability Model of
the Effects of the Commission’s Proposed Digital Must-Carry Rules on the C-SPAN
Networks, 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, October 1998.
- Steven E.
Siwek, June 1998.
- Saving and Liquidity
Constraints Using SIPP Panel Data, Ph.D. Dissertation, Princeton University,
- Forecasters on The Spot,
with Peter B. Kenen and Paolo Pesenti, Princeton International Finance Section
(IFS) Working Paper, November 1995.
- World Business Cycles,
Mimeograph, Princeton University, February 1993.
- Testimony in arbitration: BEFORE
JAMS ARBITRATION, MEDIATION, AND ADR SERVICES, No. 1260002855. HealthCare
Partners Nevada, LLC (Claimant) v. GARY W. POLSKY, in his individual capacity and
as Trustee under the Gary and Joyce Polsky Family Trust; SOLARI HOSPICE CARE,
LLC; CANDIS S. ARMOUR, in her individual capacity and as Trustee Under the
Candis S. Armour Trust; KEG CAP IT AL, LLC; ARLENKORER; CAROLE GOINS; BETH
IMLAY; GARY AND JOYCE POLSKY FAMILY TRUST; CANDIS S. ARMOUR TRUST (Respondents).
Testimony February 22, 2016.
STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIAQUOC VIET FOODS, INC., a
California corporation, Plaintiff, vs. VV FOODS, LLC, a Texas Limited Liability
Company, NGA VU, an individual, THANH VU, an individual, VANEE FOODS COMPANY,
INC., a Delaware Corporation; and DOES 1-10, inclusive, Defendants, CASE NO.
SACV12-02165 CJC (DFM). Trial testimony and Deposition regarding damages on
behalf of Plaintiff Quoc Viet Foods in trademark infringement matter relating
to the misuse of the "Cot" trademark by Defendant VV foods, August 6,
2014 (deposition) and March 10, 2016 (trial).
STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION, UNITED
STATES OF AMERICA ex rel. BAKLID-KUNZ, Plaintiff, vs. HALIFAX HOSP. MED. CTR.,
et al. Defendants, Civ. Act. No. 6:09-CV-1002-ORL-31 DAB, JUDGE Gregory A.
Presnell, Deposition in False Claims Act - Qui Tam matter for Defendant Halifax
Health System related to allegedly improper short stays, December 18, 2013.
COURT OF THE STATE OF CALIFORNIA, COUNTY OF ORANGE. GREENLIGHT FINANCIAL
SERVICES, INC., a California corporation; OTC Pacific, LLC, a California
limited liability company, Plaintiffs, vs. INTERNET BRANDS, INC., also dba
CARSDIRECT.COM, fka CARSDIRECT.COM, INC., a Delaware corporation; CARSDIRECT
MORTGAGE SERVICES, INC., a Delaware corporation, dba LOANSTORE.COM,; and
CDIFINANCIAL.COM, LLC, a Delaware limited liability company, and Does 1-50,
Defendants, Case No.: 30-2012-00558307-CU-BC-CJC, Judge: Hon. Derek w. Hunt.
Testimony regarding copyright matter on behalf of Greenlight Financial Services
over trademark infringement by owner of greenlight.com website, March 6, 2013
(deposition), April 13, 2013 (trial).
COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO, CIVIL - UNLIMITED
JURISDICTION, BUNZL DISTRIBUTION USA, INC., a Delaware corporation, Plaintiff, vs.
FRANCHISE TAX BOARD, an agency of the State of California, Defendant, Case No.
CGC-10-506344, Deposition in litigated matter involving the California
Franchise Tax Board regarding alleged violation of California “Taxpayer Bill of
Rights” by private distributor, June 7, 2012.
STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA. CUONG NHUT CHUNG, an individual,
Plaintiff, v. L & R FINE FASHIONS, INC., Defendant, Case No.: SACV11 - 0712
CJC(ANx), Magistrate Judge Arthur Nakazato. Deposition regarding damages on
behalf of Plaintiff Kim Loan restaurant in trademark infringement matter
relating to the misuse of the "Kim Loan" trademark, May 22, 2012.
COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN FRANCISCO, UNLIMITED
JURISDICTION, Melissa Vincent, Plaintiff, vs. Bank of America, N.A., Anna
Hirano, Troy Johnson, Greg Newhall, Robert Schwartz, and Does 1-50, inclusive, Defendants,
CASE NO.: CGC-10-496992. Trial testimony regarding damages (lost wages
calculations) in unlawful termination matter, April 18, 2012.
- Testified in arbitration hearing on behalf of
purchaser of pharmacy which was later sued by CMS over alleged Medicare
overbilling, October, 2011.
- UNITED STATES DISTRICT COURT FOR
THE DISTRICT OF MASSACHUSETTS, UNITED STATES of America, ex rel. Patrick J.
LOUGHREN, Plaintiff, v. UNUMPROVIDENT CORPORATION and GENEX SERVICES, INC.,
Defendants, Civil Action No. 03-11699-PBS, Testified in preliminary hearing, December,
COURT OF THE STATE OF CALIFORNIA COUNTY OF STANISLAUS, NICKY ROSA, MICHAEL
ROSA, LORENZO PINO, DAVID KOSITCHEK, SHIRLEY KOSITCHEK, Plaintiffs, vs. MORRISON
HOMES, INC., G&G CONSTRUCTION, KTGY GROUP, INC. AND DOES 1 THROUGH 250, INCLUSIVE,
Defendants, Case No. 373059. Deposition in construction defect case for matter
involving large home builder over alleged deficiencies in a subdivision of 31
homes in Fresno, CA, March 2010.
STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION,
METRO-GOLDWYN-MAYER STUDIOS INC, et al., Plaintiffs, vs. GROKSTER, LTD., et
al., Defendants. JERRY LEIBER, et al., Plaintiffs vs. CONSUMER EMPOWERMENT BV a/ka
FASTRACK, et al., Consolidated Case Nos: CV 01-08541 SVW (PJWx), CV 01-09923
SVW (PJWx), Judge Hon. Stephen V. Wilson. Deposition on behalf of P2P
file-sharing network against allegations of copyright violations from RIAA,
- IN THE
UNITED STATES DISTRICT COURT, FOR THE DISTRICT OF COLUMBIA, UNITED STATES EX
REL. DEBRA HOCKETT, M.D., LINDA THOMPSON, M.D., AND CHRYSSA STALEY, RN, Plaintiffs,
v. COLUMBIA/HCA HEALTHCARE CORP., INDIAN PATH HOSPITAL, INC., HORIZON MENTAL HEALTH
MANAGEMENT, INC., and SUPERIOR HOME HEALTH OF EAST TENNESSEE, INC., Defendants,
Civil No. 99-3311 (RCL), Part of Civil No. O1-MS-50 (RCL). Deposition in False
Claims Act - Qui Tam matter for large U.S. hospital management company based on
submitted Rule 26 Report, July 10, 2006.
- 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.
- 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 Public Service Commission of
Maryland, In the matter of the investigation of non-recurring charges for
telecommunications interconnection services, Case No. 8786 (Testimony Jan. 25,