Past engagements
Antitrust/Competition
- Market Definition
- Price Fixing/Manipulation
- Unfair Competition
- Market Power/Attempts to Monopolize
- Mergers/Joint Ventures
- Class Certification
In Re Static Random Access Memory Antitrust Litigation
Provided testimony on behalf of a plaintiff class of indirect purchasers of Static Random Access Memory (SRAM) who were harmed as a result of the defendants’ alleged conspiratorial conduct that increased the price of SRAM worldwide. Defendants’ are alleged to have conspired to increase the contract price of SRAM that is used in multiple products including: computers, servers, cell phones, routers and switches. Testimony related to appropriateness of class certification for a class of indirect-purchasers and the methods for estimating class-wide damages and liability.
In Re Ira Adams v. State of California acting through Department of Fish and Game
On behalf of the California Attorney General’s Office, provided an expert report detailing the issues underlying a motion to certify a class allegedly harmed by the actions of the Department of Fish and Game. The proposed class consisted of individuals, property owners, business, and the City of Portola. The expert report focused on the appropriateness of class certification and the difficulties of estimating damages and ascertaining liability for the class.
Petro Computer v. Micron Technology
Provided testimony on behalf of a plaintiff class of indirect purchasers of Dynamic Random Access Memory (DRAM) who were harmed as a result of the defendants’ alleged conspiratorial conduct that increased the price of DRAM worldwide. Defendants’ are alleged to have conspired to increase the contract price of DRAM to large original equipment manufacturers (OEMS) of personal computers, workstations, and servers. Testimony related to appropriateness of class certification for a class of indirect-purchasers and the methods for estimating class-wide damages.
In Re Western States Wholesale Natural Gas Litigation
On behalf of purchasers of natural gas in six states that had been harmed as a result of manipulation of natural gas price indices, provided testimony related to class certification.
In re: Natural Gas Commodities Litigation
On behalf of a plaintiff class consisting of purchasers of natural gas futures contracts on the New York Mercantile Exchange that had been harmed as a result of manipulation of natural gas price indices, provided expert testimony on issues related to class certification and damages. Provided eight separate written opinions in successive phases of the litigation and developed a comprehensive econometric model of the U.S. natural gas market for purposes of the damage assessment. Plaintiff class was certified by the court.
Natural Gas Anti-Trust Cases I, II, III, and IV
Submitted an expert report on behalf of a class of plaintiffs that were harmed as a result of the defendants’ manipulation of natural gas prices. Defendants are alleged to have submitted false price reports to the trade publications that survey the market and calculate natural gas price indices. Such price indices are used as the basis for the pricing of natural gas at the California border and other areas throughout the state. The effort focused on providing expert testimony on issues related to class certification and damages suffered by the plaintiff class.
Stand Energy v. Columbia Gas Transmission
On behalf of a plaintiff class of shippers on Columbia Natural Gas Pipeline that had been harmed as a result of anti-competitive conduct, provided testimony on issues related to class certification and damages. The assessment of the anti-competitive conduct required an intricate analysis of the pipeline’s storage, transport, and commodity markets.
In re: Calpine Securities Litigation
On behalf of a plaintiff class consisting of purchasers of bonds of a major electrical energy supplier that were harmed as a result of the supplier’salleged misstatements and omission in its security filings, provided testimony on issues related to the anti-competitive conduct of the supplier. The testimony provided a detailed perspective on events in the California energy crisis of 2000-2001 and an assessment of the anti-competitive nature of the supplier’s bidding strategy in the California real-time electrical energy markets.
San Diego Gas & Electric v. Sellers of Energy and Ancillary Services
On behalf of the California Attorney General’s Office, provided expert testimony in multiple hearings held before the Federal Energy Regulatory Commission on matter related to refunds due energy consumers of California resulting from the manipulation of the electricity and natural gas markets in the state in 2000-2001. Provided testimony in six separate hearings on issues related to the proper natural gas price index to be used as the basis for calculating mitigated market clearing electricity prices, the consequence and extent of manipulation of natural gas price indices, and the proper assessment of the gas cost filings and thus natural gas portfolios of energy suppliers seeking gas-cost offsets.
Weld Air Alaska v. Airgas Inc.
On behalf of a retailer of industrial gases, provided expert testimony regarding the consequences of a merger of two competitors. The analysis supporting the testimony provided a detailed evaluation of the post-merger effects including the change in market concentration and the potential for the exercise of market power of the newly created merged firm.
Perry Minton v. Amalgamated Acme Affiliates
On behalf of a defendant accused of attempting to monopolize the patronage advertising market in the U.S., provided expert testimony regarding the relevant economic and geographic markets for patronage advertising. As part of the analysis, the ease of entry and exit were studied along with the range of substitutable products and services.
In re: CMS Securities Litigation
Provided testimony on behalf of a class of plaintiffs who purchased stock of an energy trading company who suffered losses due to the defendant’s overstatement of revenues generated from wash trading transactions in energy commodities. The retention by counsel for plaintiffs was to provide an overview of the evolution of energy trading, the motivations and mechanics of wash trading, and to provide a specific critique of the defendant’s energy wash trading activities.
Economic Damages
- Contract Damages
- Antitrust Damages
- Punitive Damages
- Royalty Disputes
In Re Carbon Processing v. Valero Marketing and Supply
Provided an expert report and testimony regarding damages incurred by the Plaintiff that resulted from Defendant’s early termination of the contract. The damages modeled focused on the market for heavy oils in the Gulf Coast region.
California Department of Water Resources v. Sempra Energy Resources
On behalf of the California Department of Water Resources, provided expert testimony in the Department’s breach of contract claim against a major energy marketer. The expert testimony focused on the damages incurred by the Department as a result of the failure to provide adequate fuel supply plans and above market charges for natural gas, transportation and services. The Arbitration Panel agreed that a contract breach occurred and awarded significant damages.
Advanced Research Chemicals v. Praxair
On behalf of a manufacturer of a specialty gas used in the construction of semi-conductor chips, provided expert testimony in a breach of contract claim against the manufacturer’s joint venture partner. Provided an assessment of the damages incurred by the manufacturer as a result of the joint venture partner’s failure to fulfill its obligations under the joint venture agreement. The damage assessment included a forecast of the global market for the specialty gas.
Structural Dynamics v. Tech Transfer
On behalf of a defendant accused of copyright and trade secret violations stemming from alleged misuse of proprietary computer software, provided expert testimony on issues related to the plaintiff’s assessment of compensatory and punitive damages. The testimony focused on the alleged loss in global sales resulting from the actions of the defendant and the economic principles and rationale consistent with punitive damage awards.
California Electricity Oversight Board v. Seller of Energy and Capacity
On behalf of the California Electricity Oversight Board, provided expert report on issues related to the reformation of long-term electricity supply contracts entered into in the middle of the California energy crisis of 2000-2001. The testimony focused on the natural gas hedging strategies of the energy suppliers and the ability of such suppliers to reform the contracts given the existing hedges contained in their natural gas supply portfolios.
Fun 4 All v. MGA Entertainment
On behalf of a manufacturer of childrens' toys, provided expert testimony on the economic damages incurred by the manufacturer resulting from the breach of an exclusive licensing agreement. The damages assessment included an estimate of the current market for the licensed product and a forecast of lost sales for the licensed product and associated products envisioned in the original licensing agreement.
Alabama Department of Conservation and Natural Resources v. Exxon
On behalf of the state of Alabama, provided expert testimony regarding the economic principles and rationale supporting a potential punitive damage award against a major oil company found guilty of fraud.
Ergon v. Dynegy
Provided testimony on behalf of a plaintiff who purchased natural gas from a defendant marketer who was alleged to have inappropriately claimed contractual force majeure as a result of Hurricanes Rita and Katrina of 2005. Was retained by counsel for the plaintiff to evaluate market conditions and determine the validity of the defendant’s claims and associated damages, if the claims were determined to be invalid.
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Utility Regulation
- Cost of Capital
- Incentive Ratemaking
- Price/Bid Manipulation
- Prudence Review
- Competitive Bidding
- Demand Forecasting
- Cost Allocation
- Restructuring
- Market Power Analysis
In the Matter of the Application of ATCO Gas for the Transfer of Carbon Storage
On behalf of a major Canadian natural gas utility provided expert testimony on the degree of competition in the Alberta natural gas storage market. The analysis supporting such testimony detailed the structural aspects of the market including market concentration, ease of entry and exit, and mitigating factors preventing a potential exercise of market power by incumbents.
Complaint of Enogex Concerning Competitive Bidding
On behalf of a natural gas local distribution utility helped develop its competitive bidding proposal for natural gas transportation, storage, and supply services. Also provided the least-cost evaluation of bids received. As part of the engagement, also provided expert testimony before the state utility commission regarding the outcome of the bidding process.
Application of ONG re: Appropriate Methods to Lessen Price Volatility
On behalf of a natural gas local distribution utility, provided expert testimony before the state public utility commission regarding the goals, objectives, and means to lessen gas price volatility. The testimony focused on the appropriate standards that should guide any effort to reduce price volatility and the various methods by which a utility can redesign its gas supply portfolio to reduce price volatility.
Application to Review ONG Least Cost Procurement Practices
On behalf of a natural gas local distribution utility, provided expert testimony before the state public utility commission regarding the prudence of the utility’s gas procurement practices. The testimony focused on management’s changes in the utility’s natural gas supply portfolio, including the substitution of storage services for load-following sales services and the relevant market conditions present when portfolio changes were made.
OAC: 165 Downstream Unbundling
On behalf of a natural gas local distribution utility, provided expert testimony before the state utility commission regarding the potential unbundling of the utility’s procurement, transportation, and natural gas storage functions. The testimony focused on the functional unbundling of the utility’s services and methods for achieving open access for all customers on the utility’s system.
In the Matter of Wisconsin Gas’ Proposed Gas Cost Incentive Mechanism
On behalf of a natural gas local distribution company, provided expert testimony regarding the role and implementation of incentive ratemaking schemes. As part of the engagement, helped the company develop a gas cost incentive mechanism, which provided performance benchmarks for the company’s natural gas procurement activities and management of its transportation and storage assets.
In The Matter of Northern Border’s Appropriate Return on Equity
On behalf of a group of shippers on a natural gas interstate pipeline, provided expert testimony before the Federal Energy Regulatory Commission regarding the appropriate cost of equity for the pipeline’s ratebase. The analysis calculated the appropriate cost of equity given current and anticipated market conditions and the pipeline’s unique capital structure.
In The Matter of the Appropriate Return on Equity of Ontario Hydro Services
On behalf of the Ontario Energy Board, provided expert testimony regarding the appropriate cost of equity to be applied to the distribution assets of the province’s major natural gas utility. The analysis calculated the appropriate cost of equity given market conditions, capital structure of the company, and the effect on risk given the recent separation of the company into distinct, generation, transmission, and distribution business units.