Bates White: Economic Consulting

Ben Scher performs economic analyses and research, leads teams that review discovery documents and depositions, and supports testifying experts in the production of expert reports in litigation matters. He has worked on several major engagements involving antitrust issues, fraud allegations, RICO disputes, product liability disputes, and corporate acquisitions. Mr. Scher has experience on a broad range of antitrust issues. He has focused extensively on projects in the healthcare and pharmaceutical industries and has also worked on projects in a variety of other industries.

Selected Experience

• In AMD v. Intel, served as one of the lead managers supporting Professor B. Douglas Bernheim in the evaluation of evidence and in the preparation of his expert report on behalf of AMD. Worked closely with counsel to identify and review relevant discovery materials and prepare for depositions. Before trial, AMD and Intel agreed to a $1.25 billion settlement.
• Served as lead manager supporting expert analyses of Professor B. Douglas Bernheim on behalf of Amgen in Amgen, Inc. v. F. Hoffman-La Roche Ltd. Supported Dr. Bernheim in the development of expert reports and hearing testimony to advise the court considering whether to grant a permanent injunction against F. Hoffman-La Roche′s sales and marketing of a product that infringed Amgen′s patents. The Court granted a permanent injunction for Amgen, barring F. Hoffman La-Roche from entering the US market.
• Provided consulting expertise on liability and damages on behalf of a pharmaceutical manufacturer alleged to have violated the Anti-Kickback Statute and federal and state false claims act laws. Analyzed drug manufacturing and administration practices, pharmaceutical pricing, and patterns of claims submitted by pharmacies and medical providers to State Medicaid programs and Medicare.
• Supported Keith Waehrer, PhD of Bates White on behalf of the Crystal Import Corporation in The Crystal Import Corporation v. Avid Identification Systems. Case involved allegations that defendant Avid engaged in exclusionary conduct involving radio frequency identification microchips. Supported Dr. Waehrer′s economic analysis to define markets, assess market power, and evaluate the impact of the conduct at issue.
• Served as lead manager supporting expert analyses of Eric M. Gaier, PhD of Bates White related to market definition, market power, and competitive impact in Static Control Components v. Lexmark, Inc. Managed review and analysis of data and documents obtained through discovery, and worked with counsel to coordinate discovery and prepare for fact witness and expert depositions.
• Supported various experts including Eric M. Gaier, PhD on behalf of defendants in various matters involving allegations of Average Wholesale Price fraud. Assisted experts with analyses of common impact, feasible damage methodologies, and merits.
• Supported expert work of Eric M. Gaier, PhD on behalf of Augustine Medical, Inc. defending an illegal monopolization counterclaim in Augustine Medical, Inc. v. Mallinckrodt, Inc. Assisted with analyses of market definition, market power, competitive impact, and damages. The matter was dismissed by summary judgment, and the opinion of the opposing expert was excluded under Daubert.

Education

BS, Policy Analysis and Management, Cornell University