Photo of Scott M. Lobel, CPA

Selected Expertise

  • Antitrust damages assessment
  • Collusion
  • Complex litigation damages estimation
  • Database development, management, and analysis
  • Discovery support
  • Liability analysis
  • Market analysis and research
  • Reasonable royalty analysis
  • Settlement and mediation support

Selected Industries

  • Automotive industry
  • Chemicals
  • Computer hardware and software
  • Electronics
  • Financial services
  • Manufacturing
  • Medical devices
  • Pharmaceuticals
  • Transportation

Scott M. Lobel, CPA

Profile
News

SUMMARY OF EXPERIENCE

Scott Lobel has more than 18 years of experience providing economic and financial analysis in complex matters throughout the litigation process. He specializes in analyzing liability and damages in antitrust and intellectual property matters. Mr. Lobel has extensive experience in cartel cases, working with plaintiffs and defendants to provide economic analysis of liability, estimate damages, assist testifying experts, and support settlement discussions and mediation. He also works closely with testifying experts in intellectual property disputes involving determining reasonable royalties and calculating lost profits and profits earned through infringement. Mr. Lobel has managed project teams analyzing allegations of market manipulation, proposed acquisitions, allegations of bundling and monopolization, and damages resulting from contractual breaches. In addition, Mr. Lobel is a Certified Public Accountant.

Selected Experience

  • Supporting the testifying expert on damages for a plaintiff alleging infringement of a biological pharmaceutical patent. Assisting with the development of the damages model, including the determination of a reasonable royalty and addressing the other factors identified in Georgia-Pacific Corp. v. U.S. Plywood Corp.
  • Supported the testifying expert on damages for a defendant in an international patent infringement matter. Analyzed the relevant economic and accounting costs for inclusion in calculating the profits to be disgorged. Critiqued and responded to the opposing expert’s analysis, and assisted in preparing sur-rebuttal expert report. Worked with the expert to develop trial testimony and demonstratives and to prepare for cross-examination.
  • Supported the testifying expert on behalf of a class of direct purchasers in In re Cathode Ray Tube (CRT) Antitrust Litigation. Collected and analyzed the economic evidence regarding the participation of Mitsubishi Electric, the sole remaining defendant who had not admitted liability, in an alleged conspiracy to fix prices between 1995 and 2007.
  • Served as the lead consulting expert for a coalition of direct action plaintiffs in In re Puerto Rican Cabotage Antitrust Litigation. The case involved ocean transportation of goods between the United States and Puerto Rico, and resulted from one of the largest domestic price-fixing conspiracies ever investigated by the United States. Retained in the initial stages of the case to analyze transportation contracts and purchase data to assess damages. As the litigation developed, performed economic analyses to assess liability and damages, critiqued opposing expert analyses, and supported settlement discussions, including participation in multiple settlement mediations. Case settled prior to the submission of expert reports.
  • Serving as the lead consulting expert for direct-action plaintiffs in a transportation industry price-fixing matter. Current responsibilities include industry research, economic analysis to assess liability, damages estimation and analysis, and settlement support.
  • Served as the lead consulting expert for direct action plaintiff in an international price-fixing matter. Responsibilities included identifying, collecting, and analyzing purchase data from data systems located on multiple continents, overseeing the development of the damages model, critiquing opposing expert analyses, and supporting settlement discussions and mediation.
  • Supported multiple testifying experts on behalf of direct and indirect plaintiffs in In re Dynamic Random Access Memory (DRAM) Antitrust Litigation. Managed affirmative and rebuttal analyses and supported deposition preparation. Collaborated with counsel throughout the discovery process in preparing interrogatories, document requests, and drafting deposition questions on core economic issues. Assisted with settlement presentations and mediation. Other responsibilities included analyzing client and defendant purchase data and conducting targeted industry research to support expert analyses.
  • Supported the testifying expert working with Amgen Inc. in seeking a permanent injunction to prevent Teva Pharmaceuticals USA Inc. from entering the US market prior to the expiration of Amgen's patents. Assisted in developing a simulation model of potential entry and in devising economic arguments concerning the application of the four factors identified in the US Supreme Court’s opinion in eBay v. MercExchange.
  • Provided economic consulting support to a health insurer in a proposed acquisition under investigation by the Department of Justice. Analyzed potential competitive effects of the merger, including analysis of win-loss data and upward pricing pressure (UPP). Assisted in evaluating potential settlement/divestiture options.

Education

BSE, Mechanical Engineering and Economics, Duke University