In a typical engagement, Criterion assists a company’s senior management and outside counsel in devising and executing a litigation or regulatory strategy for addressing a consequential challenge or opportunity. Our typical client is a Fortune 500 company or its overseas counterpart. Our comparative advantage and expertise is applying economic analysis to novel legal questions that can materially affect the company’s enterprise value. We excel at communicating to legal decision makers the relevance of that economic analysis to answering the pertinent legal questions.

Representative engagements have included performing economic analysis for:

  • expert testimony on antitrust liability concerning attempted monopolization, anticompetitive tying, and predatory pricing alleged against a processor in the payment card industry
  • testimony, as a court-appointed neutral expert, on damages for alleged infringement of patents concerning medical devices
  • expert testimony on antitrust liability and damages regarding the exclusion of the incumbent local exchange carrier (ILEC) from the pay-TV market by a local cable operator
  • expert testimony in International Trade Commission section 337 exclusion order proceedings concerning alleged infringement of standard-essential patents (SEPs)
  • expert testimony before the Copyright Royalty Board on behalf of recording artists and record companies concerning royalties for performances of recorded music distributed by satellite radio
  • testimony, as a court-appointed neutral expert, on damages for alleged infringement of patents concerning fats and fat blends that decrease low-density lipoprotein (LDL) cholesterol and increase high-density lipoprotein (HDL) cholesterol in the human serum
  • an appeal of a ten-figure corporate fine
  • an expert declaration submitted to the SEC providing econometric evidence rebutting allegations in a Wells letter of insider trading by the CEO of a Fortune 500 corporation
  • expert testimony on damages in an International Court of Arbitration (ICC) proceeding in the mining industry concerning antitrust, breach of contract, and patent misuse claims over the licensing of intellectual property, a territorial restriction, and a covenant not to compete
  • advice to a supplier of chipsets concerning “patent holdup,” FRAND royalties, and antitrust issues in standards-setting organizations (SSOs)
  • a quantification of the loss of enterprise value suffered by a Fortune 500 company as a result of a product recall necessitated by the failure of a component manufactured by a third party
  • expert declarations evaluating the competitive impact of proposed mergers of direct broadcast satellite operators, satellite radio operators, local exchange carriers, long-distance carriers, and electric utilities
  • the respondent’s brief in the World Trade Organization’s first arbitration pursuant to the General Agreement on Trade in Services (GATS), concerning international settlement rates for telephone calls from the United States to Mexico
  • an NASD arbitration brought by a high-wealth individual against an investment bank in connection with investor losses from the WorldCom fraud and bankruptcy
  • expert testimony in proceedings concerning stranded cost recovery, transition bonds, and restructurings of investor-owned electric utilities in Texas, New York, Pennsylvania, New Hampshire, and New Mexico
  • the drafting of a telecommunications regulatory statute and an antitrust statute for Bermuda
  • liability and remedies questions for Microsoft in the monopolization case brought by the Department of Justice
  • an amicus brief with Judge Robert H. Bork successfully urging the Supreme Court of the United States to abolish the price squeeze as a theory of antitrust liability
  • a white paper for AT&T on the FCC’s proposed network neutrality regulations
  • expert testimony in numerous countries on significant market power (SMP), dominance, asymmetric regulation, mandatory unbundling, access pricing, mobile termination rates, structural separation, line-of-business restrictions, spectrum policy and spectrum auctions, broadband penetration, next-generation networks (NGN), and regulatory takings
  • expert testimony on the implications upon remand of the Stores Block Decision by the Supreme Court of Canada concerning the ownership of proceeds from the disposition of a public utility’s retired assets
  • expert testimony on the compensation owed by the People’s Republic of China for the premature termination of a company’s exclusive concession in Hong Kong
  • an international commercial arbitration in The Hague concerning a joint venturer’s contractual obligation to expand the capacity of a fiber-optic submarine cable landing in India
  • expert testimony in a trial concerning a corporation’s claim for a federal tax refund for an investment credit in infrastructure
  • expert testimony for the first acquisition of a U.S. telecommunications carrier by a foreign company
  • antitrust scrutiny of state-owned enterprises, including Deutsche Post, Canada Post, and the U.S. Postal Service
  • expert testimony on rate design and ratemaking for regulated firms providing gas, electricity, telecommunications, and mail delivery services