What Brooks Consulting LLC can do you for as a Consulting Expert:
- Help define the types of experts to address key issues most effectively and the backgrounds or experience most suited to the case;
- Solicit information needs from experts and translate them into discovery requests;
- Conduct document reviews to accelerate expert's access to information needed to complete their analysis and reports when they have limited or no staff;
- Evaluate and manage document management vendors for document intensive cases;
- Develop decision analysis models to help evaluate whether it makes sense to accept settlement offers or continue with the litigation;
- Draft settlement models independent of the damage models;
- Develop proposed direct and cross examination questions for each expert;
- Coordinate the development of demonstrative exhibits and mock trials;
- Rely on our database of hundreds of experts and extensive personal contacts with Big Four accounting firms, national and regional boutique litigation firms and academics to assist you to identify potential expert witness candidates quickly; and
- Document expert credentials and participate in the interviews of experts to facilitate the vetting process.
Selected Consulting Expert Case Studies
- Railroad: Coordinated the litigation support activities in the Energy Transportation Systems, Inc. (ETSI) pipeline case for two years prior to settlement. Developed a financial model to replicate the plaintiff's damage contentions, filed an affidavit in support of a successful Motion to Compel submission of their expert's computer spreadsheets, drafted deposition questions, prepared attorney for depositions, provided expert analytical support, reviewed experts' work products, developed a decision analysis of the financial implication of the litigation and managed the daily analytical activities of several employees.
Construction Cost Claim:
- Education: Assisted an expert witness in the development of a construction cost claim for a general contractor on a high school renovation and expansion project.
- Mining/Mineral Processing: Assisted in the preparation of expert witness testimony for a coke battery air pollution control equipment installation construction claims case involving lost profits. Managed the project team and had lead responsibility for coordination with the law firm.
- Sports: Assisted in the development of a construction cost claim for a subcontractor involved in a sports stadium project.
- Biotechnology: Managed staff and acted as a consultant for Amgen Incorporated. Assisted in development of methodologies to track sales and measure usage-by-indication of a new pharmaceutical drug product (Epogen/Procrit). Assisted in developing improvements in a system used to track sales of the drug product across channels of distribution. Identified and assisted in the critique and selection of market research firms capable of determining usage-by-indication of the drug product in several channels of distribution, including hospitals and nursing homes. Additionally, assisted in the management of litigation support activities in the Ortho Biotech v. Amgen Incorporated contract arbitration case involving the recombinant Erythropoietin, Interleukin-2 and Hepatitis-B vaccine products. This project required two years of full time involvement.
- Insurance: Provided litigation support in connection with a contract dispute between an insurance broker and a state teachers' union. The dispute centered on the reimbursement of certain expenses related to an auto and home insurance program offered to the union's membership. Specific responsibilities included: managing the engagement team, coordinating with the client and its legal counsel, reviewing and analyzing the plaintiff's claim, developing an alternative claim and preparing an expert report.
- Mining/Mineral Processing: Provided litigation support for a case involving a contract damage claim asserted by owners of a coke oven facility. The support work included preparing deposition questions, reviewing the plaintiff's damage claim and assisting the expert witness in the preparation of expert testimony.
- Natural Gas Pipelines: Established a natural gas pipeline market share database and estimated the damages associated with Columbia Gas' purchasing practices.
- Natural Gas Pipelines: Drafted testimony and prepared an expert witness for deposition on behalf of Columbia Gas in a contract arbitration case involving pipeline gas purchasing practices.
- Professional Services: Identified, coordinated and reviewed expert testimony for a data processing outsourcing contract price arbitration. Served as the primary contact for the client.
- Real Estate: Performed an expert witness search for a class action lawsuit involving a real estate limited partnership.
- Retail: Performed an expert witness search for industry and damages experts in a shopping mall real estate lease case. Coordinated the efforts of three experts with law firm.
Environmental Decision Analysis:
- Environmental: Applied decision analysis techniques to several different types of situations. For example, developed decision trees to estimate the value of future remediation costs, taking into consideration the time value of money and various types of uncertainties, including the magnitudes of contaminated materials, the failure rate of alternative treatment technologies, and the potential migration and geographic spread of underground contaminants. Decision trees were used to document the criteria under which lawyers were advised to settle and when they should litigate at twelve individual hazardous waste remediation sites. Applied decision analysis to the estimation of transaction costs (legal and expert fees) at multiple sites.
Environmental Management Review:
- Steel: Assisted counsel of a Fortune 100 company in the development of "agreed upon" objectives and performance criteria in the first phase of an environmental management review project. Developed a detailed set of questions for use in both headquarters and plant-level reviews and identified and documented both past environmental compliance successes and failures through a review of the client's records and third party sources.
Environmental Property Valuation:
- Real Estate: Estimated property damages through a comparable properties analysis that compared the value of recent sales of unaffected properties with those of contamination-affected properties. Tax assessment data, zoning information, and recent property purchase prices were collected for the analyses. This data was analyzed to determine the fair market values of the properties in question.
- Real Estate: Provided financial analyses at the Fleet Factors’ Superfund site.
Environmental Regulatory Impact:
- Manufacturing: Assisted a manufacturing company in its assessment of the current international regulatory environment for occupational exposure standards for one of its strategic raw materials. Reviewed and analyzed regulatory procedures for standard setting; trends in exposure level standards and organizations that influence the regulatory process; and health effects data, including key medical studies.
Environmental Reserve Analysis:
- Chemicals: Evaluated for reasonableness the methodology employed by the in-house staff of a large chemical company to establish its financial reserves for a large remediation project.
Environmental Superfund Cost Allocation:
- Aerospace: Co-managed a team of over twenty-five people reviewing fifty years of waste management and site records for a large defense contractor to develop a "waste-out" data base. The data base was used to proactively determine where wastes from the defense contractor's various manufacturing sites had been sent for disposal, to support or rebut cost allocation claims made at various Superfund sites.
- Environmental: Prepared and filed a written expert witness report in an environmental cost allocation case. The case settled before deposition or trial testimony was required.
- Environmental: Coordinated investigations to identify the potentially responsible parties at several hazardous waste disposal sites. For example, at one site, directed the development of a waste-in list data base for a site involving 600 parties. Evaluated a waste-in list developed by a prior contractor, analyzed relevant programming and data base deficiencies, implemented corrections and enhancements, and supervised procedures for the entry of new data.
- Environmental: Prepared a report describing alternative methods for apportioning cost responsibility among potentially responsible parties.
Environmental Superfund Insurance Coverage:
- Manufacturing, Insurance: Reviewed environmental insurance claims to facilitate discussions between a manufacturer and its insurer.
Environmental Superfund Site Owner Ability to Pay Analysis:
- Agriculture: Analyzed firms' current and projected ability to pay cleanup costs.
- Healthcare: Managed the litigation team providing expert testimony on a civil fraud case. The testimony analyzed the potential impact on Medicare/Medicaid certification of a hospital where the CEO fraudulently obtained funds from the hospital.
- Manufacturing: Retained as a consulting expert to Liquidating Trustee for two separate Liquidating Trusts of the assets of a company that designed and supplied heat recovery steam generators for the North American power industry. Managed the e-discovery efforts associated with the fraudulent conveyance case against the former owner for extracting excess dividends and management fees. In addition, provided document review and analytical support for this fraudulent conveyance case and numerous preference actions.
- Healthcare: Analyzed and quantified (through statistical sampling techniques) the amount of Medicaid over reimbursement of a physician practice that had occurred from inadvertent miscoding of claim forms. Our results were accepted as the basis for repayment by state Medicaid officials without audit.
Nuclear Rate Case:
- Electric Utilities: Supported a director in preparation of expert cost-benefit analysis testimony for Philadelphia Electric Company's Limerick II nuclear rate case.
- Electric Utilities: Implemented a unique detailed scenario analysis of an electric utility's historical decisions involving capacity additions.
Patent Infringement Damages:
- Food Services: Managed the project team supporting an expert witness in the Weldotron v. Hobart patent infringement damages case in the food wrapping equipment industry. Responsible for developing lost profits and reasonable royalty models, supporting attorneys with the development of document requests and interrogatories, reviewing the opposing side's expert statement and model, and managing financial databases and the document library.
- Photography: Managed several major areas of the litigation support activities in the Polaroid v. Kodak instant camera and film patent infringement damages case from August 1986 to June 1989. At the time, this was the largest patent damages case in history. Responsible for coordinating activities in support of the manufacturing, accounting, economics and database management activities of the case. The initial period of the litigation was devoted to the development of an efficient document management system and a transaction database system. Selected the database software. The document and transaction database systems were designed from the ground up. The menu-driven document management system tracked approximately 1 million pages of documents. The majority of the documents were made accessible to automated keyword searches. The financial, production and marketing transactions database system consisted of over 425,000 records and was used to support the experts' testimony and as input to various financial models. Upon completion of the database, the efforts shifted to analytic support of experts (including financial and econometric studies) and coordination with counsel and client staff in preparation for trial.
- Software: Identified, coordinated and reviewed expert testimony for a software patent infringement case in the telecommunications industry. Served as the primary firm contact for the client on case strategy and managed the internal project team that included professionals from three different divisions across six offices of a former Big Six accounting firm.
Post Acquisition Dispute :
- Manufacturing: Conducted valuation expert witness search for a dispute involving the interpretation of the calculation of a stock sales price for a privately held company as defined in a purchase agreement. Completed the analysis for and drafted the expert witness report for the CPA expert in the case.
- Mining/Mineral Processing: Performed an expert witness search for a professional liability case involving a tax matter.
- Electric Utilities: Designed and programmed a financial forecast model for Northeast Utilities to evaluate the viability of a 13-megawatt solid waste-to-energy incineration facility.
- Electric Utilities: Assisted in the preparation of the Washington, D.C. Public Service Commission's staff testimony on the advantages and disadvantages of the use of forecast test years for utility rate making.
- Natural Gas Pipelines: Estimated the potential savings to natural gas customers associated with a proposed Federal Energy Regulatory Commission change to gas block billing.
- Healthcare: Authored or managed the development of 20 opinion letters related to assessing the reasonableness of rates charged by companies controlled by potentially disqualified individuals to a non-profit hospital client. The companies evaluated included banking, radio advertising, real estate, construction management and an automobile dealership.
- Biotechnology: Performed an expert witness search for a valuation expert in a privately held stock valuation matter in the biotech industry and assisted the expert to obtain industry and company-specific data for the development of the valuation.
- Healthcare: Compiled and organized financial data on a personal care home from public sources and prepared summary and related entity analysis. Performed valuation expert search and assisted him in development of expert report on very short turnaround.