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On behalf of the defendant, the United States. Dr. Hurdle estimated the value of lost household services to the plaintiffs derived from a fall near the Smithsonian Institution’s National Air & Space Museum.  The Court concluded that the plaintiffs had failed to sustain their burden of proof and judgment was entered for the defendant.

To further its mission to end hunger in San Francisco and Marin County, the Banks rely on 25,000 volunteers per year to help deliver 45 million pounds of food to 225,000 people.  To learn more about the San Francisco and Marin Food Banks, including ways you can help fight hunger by volunteering time or money, please visit

The survey cited EI’s work in price fixing cases involving liquid crystal displays (LCDs), polyurethane foam and tire tread rubber. It also noted EI’s work involving mergers in a number of industries, including healthcare and energy.

Dr. Furbush joins other EI economists and Special Consultants having significant government experience at the major financial regulatory bodies and deep private sector expertise in finance- and securities-related litigation matters. Dr. Furbush’s experience as an economist  ranges from the Council of Economic Advisers in the Executive Office of the President, to the SEC and CFTC, and includes service as the Chief Economist of the Nasdaq Stock Market. Dr. Furbush also has experience as a financial market practitioner having led the Nasdaq Stock Market’s Transactions Services Division. Economists Incorporated plans to leverage the extensive and deep expertise of its current staff, alongside the perspective and integrative elements brought by Dr. Furbush.

Mr. Siwek has particular expertise in the economic analysis of U.S. industries that depend on the effective protection of copyrights and has published a number of studies that analyzed in detail the economic importance of the U.S. “copyright” industries (including the motion picture industry) to the U.S. economy.

The learning-by-doing program, “Deposing the Expert Witness,” was held at Georgetown University Law Center on August 4, 2012.  The course offered training in expert-witness deposition techniques mostly to lawyers at the associate level.  The four economists from EI volunteered as expert-witness faculty members. Students practiced deposing the economists, and faculty members (both lawyers and economists) discussed and critiqued deposition techniques.

Dr. Walker’s prepared remarks concerned antitrust market definition. Dr. Walker relied upon his experience in a recent antitrust action involving men’s professional tennis to illustrate various economic principles.

Principal Philip B. Nelson was appointed to serve as a Member of the Section’s Merger Retrospective Analysis Award Selection Committee during the 2012-2013 ABA year.  This committee reviews scholarly studies of the effects of mergers.

Senior Economist Su Sun co-edited (with Josh Soven of the DOJ) the Neo-Chicago Symposium in Volume 78, Issue 1 of the Antitrust Law Journal. Dr. Sun also wrote an Editor’s Note for this Symposium entitled, “Schools of Antitrust: A Parallelogram of Forces.”

Senior Economist Su Sun has been on the Editorial Board of the Antitrust Law Journal since 2009, first as an Assistant Editor, then as an Associate Editor. The Antitrust Law Journal, a flagship publication of the Antitrust Section of the American Bar Association, publishes, among other things, original articles, comments and essays on significant current issues of antitrust law.

Principal Philip B. Nelson was reappointed Vice-Chair of the Health Care and Pharmaceuticals Committee of the Antitrust Section of the American Bar Association. The Health Care and Pharmaceuticals Committee focuses on competition and consumer protection issues in all health-related industries.  The Committee oversees the preparation of numerous health-related publications, organizes programs, and prepares position papers commenting on proposed legislation or agency policy initiatives.

Vice President Henry B. McFarland was reappointed Vice-Chair of the Insurance and Financial Services Committee of the Antitrust Section of the American Bar Association. The Insurance and Financial Services Committee promotes discussion of a wide range of competition and consumer protection issues that affect insurance and financial markets and institutions. The Antitrust Section is an organization of over 13,000 antitrust professionals that was formed to promote analysis, debate, and education in the field of antitrust law and policy.

A number of EI economists contributed to “Market Definition in Antitrust: Issues and Case Studies”, a book recently published by the American Bar Association Antitrust Section. The book provides a comprehensive analysis of the issues involved in defining markets in antitrust cases.  It describes modern methods of market definition and analyzes their application in actual cases. Henry B. McFarland served as the book’s economics editor.  EI economists who wrote sections of the book were David A. Argue, Erica E. Greulich, Barry C. Harris, Gloria J. Hurdle, John R. Morris, and Matthew B. Wright.

EI Principal John R. Morris led a team that assisted Exelon Corporation in obtaining approvals to acquire Constellation Energy.  Exelon owns electric utilities in Chicago and Philadelphia and Constellation Energy owns Baltimore Gas & Electric.  The parties and the U.S. Department of Justice agreed to the divestiture of the Brandon Shores, Crane, and Wagner plants.  The Federal Energy Regulatory Commission and the Maryland Public Service Commission approved the merger with the proposed divestitures and additional conditions accepted by the merging parties.  EI worked closely with Skadden, Arps, Meagher & Flom and Saul Ewing on the matter.

Dr. Sun co-authored this article with Jing He of ZY Partners in Beijing and Angela Zhang of Herbert Smith in London.  The article discusses the statutes, guidelines, jurisdiction, and cases where IPRs have been taken into account in China’s antitrust merger review.

The article discusses the Justice Department’s recent complaint against Morgan Stanley. The complaint alleged that Morgan Stanley entered into derivatives that caused the price of electrical generating capacity in the New York City area to rise. The article describes the potential economic effects of derivatives, the differing assessments of the Justice Department and the Federal Energy Regulatory Commission of the effects of derivatives in this case, and the antitrust risks faced by firms that arrange derivatives.

The article, which was written with Elai Katz and Vibhuti Jain of Cahill Gordon & Reindel, appeared in the Spring 2012 issue of The Exchange, a publication of the ABA Antitrust Section, Insurance and Financial Services Committee. The article may be found here.

Stephen Siwek interview with Eric Yeager of Intellirights concerns Piracy’s Impact on the Health of the U.S. Economy and Global Trade and Piracy, Security Concerns. Part 1 of interview, Part 2 of interview, Part 3 of interviewLink to Intellirights for purchase of DVD of this interview and for future interviews.

Plaintiff Dick Anthony Heller, who had prevailed in his suit challenging the constitutionality of the District of Columbia’s ban on handgun possession, sought to receive an award for attorney fees from the District.  EI Vice President Laura A. Malowane submitted a declaration on behalf of the defendant which stated that the long-established Laffey Matrix was an appropriate tool to use for determining attorney fees in the matter.  In rejecting the plaintiff’s request for use of an alternative fees matrix, the court accepted the Laffey Matrix and cited Dr. Malowane’s testimony that law firm size is an important factor to consider when evaluating evidence of prevailing market rates of attorneys.