Selected Matters by Case Name  1  |  2  | 3  
  Rome Ambulatory Surgery Center v. Rome Memorial Hospital  
  David Eisenstadt testified that Rome Memorial Hospital’s exclusive contracts with several major third-party payers constituted predatory and exclusionary conduct and were the cause of plaintiff’s exit from the ambulatory surgery market.  
  Siegal Transfer v. Carrier Express  
  Jon Joyce prepared expert witness testimony on market definition and market power. The client, Bethlehem Steel Corp., prevailed.  
  Singapore IDA  
  Michael Pelcovits has been consulted by the telecommunications regulatory agency in Singapore on competition policies relating to access to submarine cable landing stations and the local loop infrastructure controlled by SingTel, the incumbent telephone company. He has written reports and met with the government officials responsible for making decisions on these issues.  
  Southwest Recreational Industries, Inc. v. Field Turf, Inc.  
  Rick Warren-Boulton served as the expert witness for Southwest Recreational Industries. His deposition and trial testimony provided evidence of liability and estimated damages under the Lanham Act resulting in a favorable decision (Texas).  
  St. Gobain Acquisition of Carborundum  
  Ken Baseman's analysis of market definition and competitive effects was influential in persuading the FTC to allow St. Gobain to acquire Carborundum's specialty refractory business with only licensing remedies and without divestitures.  
  Sylvester Jennifer et al. v. Delaware Solid Waste Authority  
  Lloyd Oliver provided written and deposition testimony for DSWA in a class action case against DSWA for allegedly violating the Commerce Clause of the U.S. Constitution by restricting the transportation of solid waste generated in Delaware to landfills inside of the state; the case was settled on favorable terms for the Defendant before trial.  
  Thomas & Betts v. IBM  
  Lloyd Oliver provided written and deposition testimony analyzing damages due the plaintiff as a result of an alleged breach of contract by IBM in failing to make Thomas & Betts its exclusive manufacturer of computer connectors. The case was settled on terms favorable to the plaintiff before trial.  
  Tolokan v. Mobil Oil  
  Steve Silberman testified at trial that there was no economic evidence that Mobil had discriminated against an independent retailer. The jury found in favor of Mobil.  
  Triennial Review of unbundling obligations of incumbent local exchange carriers.  
  Michael Pelcovits submitted several expert reports and declarations to the Federal Communications Commission concerning which components of the local telephone network need to be unbundled to facilitate the development of competition. Among these reports were a model estimating the impact of regulatory decisions on the level of entry in the marketplace.  
  United States v. AT&T  
  Rick Warren-Boulton testified on the effects of vertical integration between Western Electric (equipment manufacture) and the rest of the Bell system.  
  United States v. Carilion Health System  
  David Eisenstadt testified at trial that the proposed merger would not raise hospital prices. His testimony helped persuade the Court and jury to rule in favor of Carilion.  
  United States v. Microsoft Corporation and State of New York ex rel. v. Microsoft Corporation  
  Rick Warren-Boulton testified on behalf of the government and plaintiff states that Microsoft had monopolized the market for PC operating systems and implemented policies designed to entrench its monopoly position by illegally weakening rivals such as Netscape that were current for imminent competitive threats.  
  United States v. Nippon Sanso K. K., et al.  
  Bruce Snapp's testimony on behalf of defendants concerning market definition and the competitive effects of defendants' proposed acquisition of Semi-Gas Systems helped defeat DOJ's request for a preliminary injunction.  
  US and EC Investigations Lyondell Chemical joint venture with Bayer AG and Bayer's acquisition of Lyondell's worldwide polyether polyols business.  
  Lloyd Oliver worked for Lyondell Chemical in helping to secure US and EC approval for a multibillion dollar joint venture by two propylene oxide producers to coordinate existing operations and establish new propylene oxide manufacturing facilities in Europe. He also consulted on Bayer's concomitant acquisition of Lyondell's worldwide polyether polyols business and helped to analyze the effects of technology sharing agreements.  
  Various Acquisitions by Banknorth Group  
  Bruce Snapp analyzed the likely competitive effects of several Banknorth acquisitions -- including Bancorp Connecticut, Warren Bancorp, and First Essex -- pursuant to a review by the Justice Department, Federal Reserve Board, and other banking regulators.  
  Ventana Medical Systems, Inc. petitioner to the US Department of Energy  
  Under certain federal contract terms, patents resulting from those research grants must be licensed in a manner that will promote competition. Rick Warren-Boulton and Alan Rockwood provided an expert witness report and Warren-Boulton also testified at the Department of Energy hearing for the petitioner on the competitive effects of certain actions and sub-license demands by Vysis, the patent holder's exclusive licensee.  
  Wichita Clinic, P.A. v. Columbia/HCA Healthcare Corporation  
  Jon Joyce provided expert witness reports and deposition testimony for the Plaintiff.  
  Yamaha Motor Corp. USA v. Internal Revenue Service  
  Bruce Snapp consulted on an expert report demonstrating that Yamaha transferred motorcycles to its U.S. subsidiary at comparable arms-length prices and that losses incurred in the U.S. were the result of market conditions.  
  ZC Sterling Insurance Agency, Inc. et al. v., Inc., et al.  
  Bruce Snapp testified at trial on behalf of plaintiffs concerning future economic damages that could result from the defendants' alleged theft of proprietary information for a software product to manage mortgage escrow accounts.  
  Cases by Name  1  |  2  | 3  
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