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Free Webinar: Economic Tools for Enforcement Actions: Lessons from the Trenches

February 29 @ 12:00 pm 1:15 pm

Free event! Self-study credit available.

In the age of big data and algorithms, litigation and M&A analysis utilize increasingly sophisticated economic tools to seek the evidence for the appropriate enforcement action. This panel outlines a brief description of the most commonly used economic models – ranging from damages analysis to merger simulations – and real-world lessons from practitioners in the trenches on how and when such models have been used in the courts and agencies across a range of legal cases.

Speakers:

  • Kevin Caves
  • Brendan Glackin
  • Kirti Gupta
  • Elise Nelson

Kevin Caves

Kevin Caves

With expertise in microeconomics and econometrics, Dr. Caves has more than 15 years of experience in antitrust, class actions, merger analysis, sector-specific regulation, consumer product litigation and more. He has applied his expertise to a variety of industries, including cable, broadcasting, energy, finance, freight rail, Internet & tech platforms, healthcare, labor markets, wireless and wireline networks, payment cards, PCs, pharmaceuticals, and professional sports. Dr. Caves has served as a testifying expert in U.S. district court, before Federal regulators, and in arbitration. Dr. Caves’ work has been published in popular outlets, law journals and peer-reviewed economics journals. He has published two book chapters, and has served on the editorial advisory board of the Journal of Transportation Law, Logistics, & Policy. He is co-developer of the Ackerberg-Caves-Frazer (ACF) algorithm, an econometric technique widely taught in economics and integrated into STATA, a leading statistical software package. In 2023, Dr. Caves received the American Antitrust Institute’s Award for Outstanding Antitrust Litigation Achievement in Economics, in recognition of his contributions to Cung Le et al. v. Zuffa, LLC d/b/a UFC. Dr. Caves earned his bachelor’s in economics from Haverford College and his masters and doctorate in economics with a focus in industrial organization and econometrics from UCLA in 2005.

Kirti Gupta

Kirti Gupta

Kirti Gupta is a noted economist and expert specializing in global matters related to technology, antitrust, and intellectual property (IP). Dr. Gupta’s diverse expertise spans engineering, product, litigation, and policy issues in the technology sector. She has more than twenty years of experience working at the forefront of technologies, including mobile/wireless telecommunications, cloud computing, artificial intelligence, and semiconductors. She is a leader in Cornerstone Research’s technology, digital economy, and artificial intelligence practice.

Before joining Cornerstone Research, Dr. Gupta was a vice president and chief economist at Qualcomm Inc. In this role, she provided economic analysis and strategic guidance on global technology, IP, antitrust, and macroeconomic policy issues in collaboration with business stakeholders and a global network of experts, economists, attorneys, and policymakers. She worked directly on Qualcomm’s strategic IP initiatives, antitrust investigations in various regions around the world, global litigation matters, mergers and acquisitions, and global trade issues.

During her tenure at Qualcomm, Dr. Gupta provided fact witness testimony in high-profile antitrust and IP litigation matters, including FTC v. Qualcomm. She is experienced in all phases of litigation and regulatory proceedings. In the United States, she has regularly presented to government entities, including the Federal Trade Commission (FTC), Department of Justice (DOJ), Department of Commerce (DoC), and National Security Council (NSC), among others. Internationally, she has spoken before various directorates-general (DGs) of the European Commission (EC), Competition Commission of India (CCI), Japanese Fair Trade Commission (JFTC), and World IP Office (WIPO), among others.

At the Center for Strategic and International Studies (CSIS), where she serves as a senior adviser, Dr. Gupta chairs the Geoeconomic Council of Advisers. The newly formed Council provides diverse, senior-level perspectives on emerging issues and trends affecting the global economy. In addition, Dr. Gupta is the executive director at the Institute for Business Innovation at the Haas School of Business at University of California, Berkeley. She is also the founding member and executive director of LeadershIP, an industry platform that analyzes complex IP and antitrust concepts and provides data-driven dialogue on innovation and innovation policy issues.

Dr. Gupta has taught and presented at various academic institutions, including Harvard University, New York University, Northwestern University, and the University of Pennsylvania, among others, and served as a visiting professor at National Law University (NLU) in New Delhi. She has been featured in such mainstream media outlets as Bloomberg, CNBC, Forbes, Reuters, and The Economist.

Prior to her work as an economist, Dr. Gupta spent over a decade as a wireless systems-engineering expert for global wireless standards and semiconductors that connect most of the mobile devices in the world today.

Brendan Glackin

Brendan P. Glackin

Brendan P. Glackin chairs the firm’s antitrust practice group. He has practiced antitrust law for over two decades and has tried more than 20 civil and criminal cases. He served as trial counsel in the liquid crystal displays (LCDs) price-fixing litigation ($470 million in settlements) and the Norvir antitrust litigation. He also served as lead trial counsel for the firm in the titanium dioxide price-fixing class action ($163.5 million in settlements), which settled days before jury selection. Currently, Mr. Glackin serves as lead trial counsel for a coalition of 39 state Attorneys General prosecuting Google for anticompetitive dominance of Android app distribution. The case recently tentatively resolved for $700 million and significant injunctive relief, pending court approval. Mr. Glackin also serves as lead counsel in a class action challenging the 2020 merger of T-Mobile and Sprint. The lawsuit seeks damages and the restoration of competition in one of the world’s largest and most concentrated markets.

Mr. Glackin has led or made major contributions in past cases totaling over a billion dollars in recovery for consumers, workers and small businesses. In addition to his trial work, Mr. Glackin led the firm’s representation of consumers in the lithium ion batteries price-fixing case ($115 million recovered) and the generic enoxaparin monopolization case ($120 million recovered). With others he received a 2016 “California Lawyer Attorney of the Year” (CLAY) award for his work in the Cipro reverse payment case ($399 million in settlements).

Mr. Glackin regularly serves as faculty for National Institute for Trial Advocacy (NITA).

Elise Nelson

Elise Nelson

Ms. Nelson represents clients in complex antitrust matters with a primarily government-facing practice. Her experience includes defending companies in US and multi-jurisdictional merger control and review investigations as well as competitive conduct investigations and antitrust litigation. She also advises on antitrust conduct matters, including pricing and distribution law issues as well as corporate antitrust compliance programs. Ms. Nelson’s practice covers a wide range of industries, including high-tech, entertainment, life sciences, transportation, and semiconductors. In a former life, Ms. Nelson moonlighted as an economist, doing economic and legal research at Northwestern University School of Law with a focus on consumer protection law before receiving a Masters in International Economics from UC Santa Cruz.

Ms. Nelson joined Latham in 2019 after working in the Washington, D.C. office of another leading international law firm. She previously worked as a legal intern in the Office of a former Commissioner at the Federal Trade Commission. She is active in the ABA Antitrust Section and currently serves as an assistant editor for the Antitrust Law Journal. Ms. Nelson was recognized by the California Lawyer’s Association’s Antitrust and Unfair Competition Law Section as a 2023 Lawyer to Watch.

We are committed to accessibility! Virtual events are equipped with closed captioning. To request an in-person accommodation, send us a note at accessibility@calawyers.com or contact us at 916-516-1760 for assistance.

 

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