OnPoint experts and staff frequently publish in scholarly journals and provide continuing education to attorneys on economic and financial issues arising in litigation. Review our News entries for awards, events and commentary as well as information about recent verdicts and rulings.
OnPoint Expert Publishes Insights on Estimating Damages in False Labeling Cases
February 8, 2018 – OnPoint expert Dr. Dan Werner recently published an article on estimating damages in false labeling cases within FVS Consulting Digest, a publication of the American Institute of Certified Public Accountants. Click here to read more.
OnPoint expert presents bid-rigging research at International Symposium on Imperfect Forms of Collusion
January 18, 2018 – Dr. John Connor, OnPoint testifying expert and Emeritus Economics Professor at Purdue University, presented antitrust research at the International Symposium on Imperfect Forms of Collusion held on January 12th and 13th in Cape Town, South Africa.
OnPoint Expert Assists in Ongoing Litigation as U.S. District Judge Decertifies Class of Employees in a Wage-and-Hour Lawsuit
December 13, 2017 – U.S. Magistrate Judge Howard Lloyd recently granted the City of San Jose’s motion to decertify a class of approximately 500 employees who have alleged that, under the Federal Labor Standards Act (“FLSA”), they were not properly compensated for their hours spent working overtime.
OnPoint Book Release!
Empirical Challenges in Pharma Litigation
November 30, 2017 – In its new book, Empirical Challenges in Pharma Litigation, OnPoint’s pharmaceuticals team distills a deep well of pharmaceutical industry knowledge down to its most useful and interesting elements.
OnPoint Expert Testifies in False Claims Act “qui tam” Lawsuit Alleging Medicare Billing Fraud against Nursing Facilities
November 14, 2017 – OnPoint expert Dr. Vivek Shah recently provided deposition testimony in a qui tam False Claims Act matter against certain Skilled Nursing Facilities (SNFs) accused of defrauding Medicare.
Judgement Favors OnPoint’s Expert Testimony in Wrongful Termination Case
November 7, 2017 – OnPoint expert Christine Davis recently provided trial testimony in a wrongful termination and defamation case filed against a nonprofit entity, namely The Roman Catholic Bishop of Santa Rosa (Diocese of Santa Rosa).
OnPoint Welcomes New Research Analyst, Ben Koos
October 17, 2017 – OnPoint is pleased to welcome the newest member to our team, Ben Koos. Ben recently earned a M.S. in Economics from Cal Poly San Luis Obispo, where he studied the complementary effect of product market reforms and intellectual property rights on innovation intensity.
OnPoint Experts Testify in High Profile Trial Involving Alleged Breach of Trust by McClatchy Executives
October 11, 2017 – OnPoint experts Christine Davis and Johan Walden recently provided trial testimony in a high-profile breach of trust case involving one of the heirs of the McClatchy newspaper empire and Gary Pruitt, the current CEO of Associated Press.
OnPoint Experts’ “Deceptive Pricing” Article Published by Law360
September 26, 2017 – OnPoint Experts Steve Hamilton and Dan Werner recently published an article in Law360 on the recent surge in “deceptive pricing” litigations and the challenges faced by experts when calculating damages in these cases.
OnPoint’s Christine Davis Speaks at Practising Law Institute about the Role of Forensic Accounting in Legal Settings
September 11, 2017 – OnPoint’s Director of Forensic and Financial Accounting, Christine Davis, was recently invited to speak about fraud topics and the role of forensic accounting in legal settings at the Practising Law Institute’s annual program, Basics of Accounting for Lawyers 2017: What Every Practicing Lawyer Needs to Know.
OnPoint Expert Analysis Reaffirmed in Denial of Decertification Motion in Eggs Case
August 17, 2017 – District Court Judge Gene Pratter denied Defendants’ motion to decertify a class of direct purchasers of shell eggs who allegedly suffered damages from anticompetitive behavior by egg producers. The case involves allegations that egg producers inflated the prices of eggs by reducing their supply.
OnPoint Expert John Connor Assists Class Certification Victory in After-Market Sheet Metal Antitrust Case
August 15, 2017 – District Court Judge Lynn Adelman certified a class of indirect purchasers of After-Market Sheet Metal (“AMSM”) parts who allegedly suffered damages from price-fixing by AMSM parts manufacturers.
OnPoint Welcomes New Economist, Dr. Vivek Shah
August 8, 2017 – OnPoint Analytics is pleased to introduce the latest addition to our team: Dr. Vivek Shah. Dr. Shah is an Economist with extensive experience in statistical and econometric modeling, analysis, and research.
OnPoint Expert Testifies in a Wage and Hour Lawsuit Filed in a United States District Court
August 2, 2017 – OnPoint expert and forensic CPA Christine Davis recently provided deposition testimony in a wage-and-hour lawsuit filed in a United States District Court against one of the largest cities in California.
Former U.S. District Judge Rules in Favor of Claimant after OnPoint Expert Testifies in Arbitration Hearing
July 18, 2017 – OnPoint’s Director of Forensic and Financial Accounting, Christine Davis, recently testified on behalf of the Claimant in an arbitration hearing regarding a dispute between two partners who formed an LLC in the electrical apparatus and equipment, wiring supplies, and construction materials business.
OnPoint Welcomes New Staff Members, Luke Salmas and Meaghan Mahoney
July 18, 2017 – Luke and Meaghan have both joined OnPoint Analytics as Research Analysts.
OnPoint Expert Testifies in Optical Disk Drives Antitrust Case
March 26, 2017 – OnPoint expert Dr. Gareth Macartney recently provided deposition testimony in an antitrust lawsuit against a number of big-name electronics companies that specialize in manufacturing, distributing, and selling optical disk drives (In re: Optical Disk Drive Products Antitrust Litigation).
JAMS Arbitrator Awards Damages to Claimants in a Real Estate Partnership Dispute
February 8, 2017 – OnPoint expert Christine Davis testified on behalf of claimants in a dispute over an LLC formed by investors to purchase real property and develop a commercial building in Los Altos, California.
OnPoint Recognized for IP Litigation Consulting in The Recorder’s “Best of 2016” Issue
November 16, 2016 – For the second year in a row, OnPoint Analytics has been named one of the “Best Intellectual Property Litigation Consulting Services” firms by The Recorder in their “Best of 2016” issue.
Judge Denies Defendants’ Motion for Summary Judgment in In Re: Egg Products Antitrust Litigation
October 28, 2016 – Eastern Pennsylvania District Court Judge Gene Pratter recently denied defendants’ motion for summary judgment in a case alleging that the nation’s major egg producers conspired to artificially increase the price of shell eggs.
OnPoint Expert Testifies at Rail Freight Fuel Surcharge Class Certification Hearing
October 5, 2016 – Last week, OnPoint expert Dr. Gordon Rausser testified at a Class Certification hearing in a multibillion-dollar class action lawsuit against some of country’s largest railroad companies (In re: Rail Freight Fuel Surcharge Antitrust Litigation).
OnPoint Welcomes New Associate, Leonore Ralston
August 8, 2016 – OnPoint is pleased to introduce the latest addition to our staff: Leonore Ralston. Her extensive experience performing evaluations of financial evidence includes breach of contract claims, alleged wage-and-hour violations, lost profits and lost earnings claims, fraud investigation and prevention, and securities litigation.
OnPoint Welcomes New Director of Forensic & Financial Accounting, Christine Davis
July 1, 2016 – Christine Davis, CPA, CFF, CVA, CGMA, has joined OnPoint Analytics to head up its growing accounting-based litigation practice. As a seasoned expert witness, we spoke to Chris about her view of the profession and her plans at OnPoint.
OnPoint Welcomes New Expert, Dr. Kyle Stiegert
June 24, 2016 – OnPoint Analytics is pleased to announce the latest addition to our experienced team of testifying experts: Dr. Kyle Stiegert. Dr. Stiegert is an internationally-recognized expert who specializes in antitrust, industrial organization, agricultural commodities, international trade and finance, and food retailing.
OnPoint Expert Shares Findings on Cap-and-Trade Regulations at California Air Resources Board Workshop
May 23, 2016 – Last week, OnPoint expert Dr. Stephen Hamilton presented the results of his recent research and answered stakeholder questions as part of a public workshop hosted by the California Air Resources Board (“CARB”) at their headquarters in downtown Sacramento. The workshop marked the initial public release of three studies funded by CARB to investigate potential improvements to the current metrics used for determining the risk of emissions leakage in various industrial sectors.
Judge Upholds Damages Verdict in Fujifilm v. Motorola
May 10, 2016 – In an Amended Final Judgment issued on April 25, 2016, Judge William H. Orrick upheld the jury’s award of $10,240,000 to the plaintiff in Fujifilm Corp. v. Motorola Mobility Holdings Inc. et al, a patent infringement suit. The jury’s verdict on damages aligned with the estimates provided by OnPoint expert Dr. Gareth Macartney—who testified on behalf of Fujifilm during last year’s trial—rather than those provided by Motorola’s damages expert. The Court also awarded Fujifilm pre-judgment interest at the prime rate, compounded quarterly, as calculated by Dr. Macartney.
OnPoint Experts Address Evolving Class Certification Standards in Antitrust Magazine
April 20, 2016 – OnPoint experts Gordon Rausser and Gareth Macartney co-authored an article featured in the Spring 2016 issue of Antitrust Magazine—an issue entirely devoted to class actions on the 50th anniversary of the 1966 amendments to Rule 23 of the Federal Rules of Civil Procedure, which governs class action cases in federal courts. The article explores how certification standards have become increasingly rigorous in class action litigation, particularly with recent landmark rulings in In re Hydrogen Peroxide Antitrust Litigation (2008), Wal-Mart Stores, Inc. v. Dukes (2011), and Comcast Corp. v. Behrend (2013).
OnPoint Expert Assists Class Certification Victory in In Re: Egg Products Antitrust Litigation
October 14, 2015 – The District Court of Eastern Pennsylvania recently certified the shell egg sub-class in a case brought on behalf of direct purchasers who alleged that the nation’s major egg producers conspired to artificially increase the price of shell eggs in the United States. Judge Pratter’s class certification decision relied extensively on the testimony and analyses of OnPoint expert Dr. Gordon Rausser, who examined the economics of U.S. egg production and pricing and testified on behalf of the Direct Purchaser Class.
OnPoint Named One of The Recorder‘s “Best of 2015” for IP Litigation Consulting
September 24, 2015 – OnPoint Analytics has been recognized as one of the best firms for “Intellectual Property Litigation Consulting Services” in The Recorder’s recent “Best of 2015” issue. The Recorder’s annual list ranks the top legal services providers according to a reader survey of nearly 3,000 legal professionals working throughout California.
OnPoint Expert Testifies at Trial in Fujifilm v. Motorola
May 15, 2015 – OnPoint Expert Dr. Gareth Macartney testified as Fujifilm’s damages expert at a jury trial held last month in the U.S. District Court for Northern California. The case involved allegations that Motorola incorporated technologies patented by Fujifilm into its mobile phones and tablets. Following a two-week trial, the seven-person jury awarded Fujifilm $10.2 million in damages after determining that Motorola infringed upon U.S. Patent 6,144,763.
OnPoint Experts Win Antitrust Writing Award
April 16, 2015 – “Antitrust Class Proceedings – Then and Now,” an article co-written by OnPoint experts Gordon C. Rausser and Gareth J. Macartney, received a 2015 Antitrust Writing Award for Best Academic Article in the Private Enforcement category. The article, which was published last year in Vol. 26 of Research in Law and Economics, addresses the 2013 ruling in Comcast Corp. v. Behrend, 133 S. Ct. 1435, and its significance regarding the evolution of standards for reliable economic analysis in class certification.
OnPoint Expert Featured in The Chronicle of Higher Education
April 7, 2014 – Dr. John Connor, OnPoint expert and Emeritus Economics Professor at Purdue University, is featured in an article in The Chronicle of Higher Education, which profiles Dr. Connor’s research and career as an expert on international price-fixing conspiracies. Dr. Connor is dubbed the “King of Cartels,” a status recognized by a lifetime-achievement award from the American Antitrust Institute, a bipartisan center where he serves as a senior fellow.
OnPoint Expert Published in The Review of Economics and Statistics
March 28, 2014 – OnPoint expert Dr. Gareth Macartney was recently published in The Review of Economics and Statistics. The article, which was co-authored with Dr. Rachel Griffith at the Institute for Fiscal Studies and University of Manchester, is entitled “Employment Protection Legislation, Multinational Firms, and Innovation.”
$76 Million Awarded to AstraZeneca from Apotex for Prilosec Generic
December 4, 2013 – A U.S. federal judge awarded AstraZeneca Plc $76 million in damages from generic drug manufacturer Apotex for infringing on patents for the heartburn drug, Prilosec® during 2003 to 2007. Dr. Gordon Rausser, Chairman and Co-founder of OnPoint Analytics, served as one of five expert witnesses for AstraZeneca.
Favorable Settlement in LCD Price-Fixing Case
September 30, 2013 – Analysis performed by OnPoint expert Dr. Gareth Macartney helped secure a favorable settlement for Eastman Kodak in its dispute with LCD panel manufacturers Epson, AU Optronics and Toshiba. The settlement resolved allegations that the Defendants participated in an international price-fixing conspiracy involving thin film transistor liquid crystal display (TFT-LCD) panels.
Leading a Series of Class Certification Victories
December 19, 2012 – This year, four important decisions came down certifying plaintiff classes of 1) rail freight shippers who were subjected to fuel surcharges, 2) indirect purchasers of nasal spray fluticasone propionate (brand name Flonase) who were forced to pay higher prices because of delayed generic entry, 3) Southeastern dairy farmers who received suppressed prices for their raw milk production, and 4) Northeastern dairy farmers who received suppressed prices for their raw milk production. In all four cases, the plaintiffs’ economic expert was Gordon Rausser and he was supported by the staff of OnPoint Analytics, Inc.
Enthusiastic Reviews for Political Power and Economic Policy
November 26, 2012 – Dr. Gordon C. Rausser recently joined with esteemed colleagues Johan Swinnen and Pinhas Zusman to write Political Power and Economic Policy: Theory, Analysis, and Empirical Applications. This book analyzes the links between political economics, governance structures, and the distribution of political power in economic policy making.
Major Victory for Drug Development
July 13, 2012 – On November 18, 2011 the California Superior Court, County of San Mateo entered Judgment in favor of Asahi-Kasei Pharma Corp. in Case No. 478533 including compensatory damages, punitive damages, costs and interest charges totaling more than $415 million. OnPoint’s Gordon Rausser, Ph.D. served as Asahi’s sole expert on both damages and loss causation.