Selected experience

Overview

Selected international arbitration experience

  • Retained by the International Chamber of Commerce (ICC)/International Centre for ADR as the technical expert in a contract dispute between two petrochemical companies. The scope of the assignment was to determine an appropriate reference price to be used for the remaining period of a long-term supply contract.  
  • Submitted testimony in proceedings before the ICC/International Court of Arbitration in a contract dispute involving an airport construction project. Testified on issues related to the alleged breach of contract, the cost-plus nature of the contract, the costs and accrued fees of the contractor at the time of the alleged breach, the estimated cost to complete the project after the alleged breach, and damages.

  • Testified in proceedings before the International Center for Settlement of Investment Disputes (ICSID) in a contract dispute in the natural gas industry. Testified on issues related to the economics of the contract, industry practices, impact on the parties of recent developments in natural gas markets, and damages. 
  • Served as consulting expert in international arbitration proceedings before the ICC related to a dispute in the pharmaceutical industry. Estimated damages associated with the alleged breach of contract. 
  • Testified in proceedings before the American Arbitration Association (AAA) in a contract dispute between chemical manufacturers. Testified on issues related to the economics of the contract, the value to the parties of the contract, the impact of foreign exchange rate changes on the value of the contract, the competitive alternatives available to the parties, and damages.
  • Testified in international arbitration proceedings before the ICC related to a dispute in
    the infrastructure project development industry. Testified on issues related to the pace of advancement in various activities in the project development process and the reasons why the renewable generation project subject of the arbitration had to be abandoned. The proceedings were conducted in Spanish.

  • Retained as consulting expert in international arbitration proceedings before the ICC in
    a contract dispute in the electric power industry. Opined on the applicability of breach
    of contract penalties to the alleged failure to deliver capacity as per certain terms in
    the purchased power agreement. The proceedings were conducted in Spanish.

Selected domestic arbitration experience

  • Testified in proceedings before the AAA in a contract dispute between defense contractors. Testified on issues related to the materiality of the failure to disclose a government investigation, the economic analysis of a subcontract and alleged joint venture agreement, and damages. 
  • In Activist Special Advisory Services LLC v. Phoenix Real Estate Solutions Ltd., retained on behalf of Activist Special Advisory Services to assess damages, if any, arising from the alleged misappropriation of Activist’s trade secrets, which include a technology platform for performing complex analysis of financial securities, such as collateralized debt obligations. Submitted an expert report and testified before an arbitration panel regarding the appropriate valuation methodology to be applied. 
  • In Marosvari v. Scentsy, Inc., retained by Scentsy, Inc., a direct sales company offering wickless candles and other scented products, to determine the appropriate framework for calculating damages for the alleged misappropriation of IP contained in the Scentsy Buddies product line. Submitted an expert report and testified before an arbitration panel. 
  • Retained to testify before an arbitration panel on damages for an international seed company, the plaintiff in a patent dispute over licensing of genetic traits for herbicide tolerance. The matter settled prior to testimony.

Other selected international experience

  • Submitted reports and testified at preliminary and final International Trade Commission (ITC) hearings in Certain Oil Country Tubular Goods (OCTG) demonstrating the deleterious effects of unfairly traded imports of OCTG, including lower levels of investment, profitability, and employment in the domestic oil industry. 
  • With our European partner E.CA Economics, retained by a freight-forwarder involved in negotiations with the US Department of Justice (DOJ), European Commission, and enforcement agencies in other jurisdictions over allegations of price-fixing in the freight forwarding industry. Conducted analysis of impact and provided data support. 
  • Testified before the South African Competition Tribunal on the unilateral and coordinated effects of the proposed Pioneer Hi-Bred/Pannar Seed merger, along with the effects of efficiencies on post-merger pricing. In a decision upheld by the South African Supreme Court of Appeal, the Competition Appeal Court ultimately agreed with Bates White’s assessment that the transaction would strengthen competition by promoting greater innovation in the development of new corn seed products. 
  • Served as project co-director in Presbyterian Church of Sudan v. Talisman Energy, Inc. computing damages related to injuries caused by Talisman as a result of its construction of oil drilling infrastructure, and its provision of access to this infrastructure to the Northern Sudanese government. 
  • Provided advice to the US Department of the Treasury, the US Department of State, and on behalf of these agencies, to central bank and finance ministries in Russia, Hungary, the Czech Republic, Poland, and Romania, on bank privatization and financial sector reform.
  • Retained by the OECD to provide guidance on cartels, monopolization and abuse of dominance, and price-related abuse of dominance and exclusionary practices for Asian antitrust and Eastern European competition authorities.