Bates White: Economic Consulting

Scott Weishaar specializes in data analysis and management, discovery support, and antitrust and consumer fraud issues. He performs analysis of class certification, liability, and damages in litigation matters in the healthcare and pharmaceuticals industries. He has coordinated complex litigation efforts among large client groups, including a group of more than 70 pharmaceutical manufacturers in multistate drug pricing cases and a plaintiff opt-out group in one of the largest price-fixing cases in U.S. history. Mr. Weishaar has worked extensively on healthcare projects involving Medicare and Medicaid, third-party health plans, pharmaceuticals, and medical device manufacturers. He also has experience in the agricultural, chemical, and commercial boiler industries.

Selected Experience

• Provided consulting expertise on liability and damages on behalf of a pharmaceutical manufacturer alleged to have violated the Anti-Kick 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 testifying expert on behalf of defendants in State of Alabama v. Abbott Laboratories, Inc. in litigation that involved allegations of Average Wholesale Price fraud affecting Medicaid, other state programs, and consumers.
• In In re: Pharmaceutical Industry Average Wholesale Price Litigation, supported expert testifying on issues of common impact, feasible damage methodologies, and merits on behalf of a joint defense group of leading pharmaceutical manufacturers in a civil RICO and consumer fraud matter.
• In Swanston v. TAP Pharmaceutical Products, Inc, supported expert testifying on issues of common impact and feasible damage methodologies on behalf of a joint defense group of leading pharmaceutical manufacturers opposing class certification.
• On behalf of the Federal Trade Center, supported the analysis of the potential effects of the proposed merger between Blockbuster and Hollywood Video. Analysis used a large panel data set to ascertain the price impact of entry and exit of competitor stores, controlling for relevant cost and demand factors. Utilized innovative statistical techniques to quantify likely competitive effects.
• Provided consulting expertise on antitrust liability and damages on behalf of a medical device manufacturer engaged in an illegal tying allegation against one of its competitors. Analyzed the competitive effects of a variety of business practices, including bundled rebates, and the competitive effects of practices such as tying, bundling, and exclusive dealing.
• Managed the preparation of affirmative and rebuttal expert reports in support of a large plaintiff opt-out group in an extensive commercial price-fixing litigation matter. Conducted detailed research on capacity and market share, size, and structure to support analysis of liability. Coordinated with opt-out plaintiffs to verify claims and construct database of purchases. Developed reports summarizing plaintiff purchases and associated damages. Interviewed industry experts.

Education

BS, Economics, Schreyer Honors College, The Pennsylvania State University