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ERS Group quantifies value of missing data in
breach of contract suit
ERS Group’s experts were asked to trace transactions from point-of-sale data through the billing system of a national telecommunications firm to determine if there were data fragments that were not processed as part of a breach of contract class action. Plaintiffs argue that as a result of a merger between two industry giants, the integration of the various billing and point-of-sale systems failed to retain key information. Our analyses require the processing of several Terabytes of data among the various systems. ERS Group is providing expert testimony in this ongoing matter.
Estimation of individual economic loss for large settlement fund
ERS Group’s economists are part of a large team responsible for the management and implementation of the September 11th Victim Compensation Fund instituted by the U.S. Department of Justice and the Special master. ERS Group has contributed to the development of the economic and financial models used to value losses, and calculation of the potential economic damages related to various forms of lost earnings and benefits. Our experts have also participated in the management of claims administration and adjudication processes, including hearings.
Estimation of economic losses associated with improper trading practices
In the wake of allegations of widespread trading abuses in mutual funds, economists in ERS Group economists were retained to measure fund shareholders’ financial losses resulting from improper market timing and late trading. A court-appointed committee of counsel for plaintiffs engaged ERS to determine the elements of harm arising from the alleged improper conduct and to estimate potential harm to long-term shareholders. Our economists analyzed millions of transactions to characterize the extent and nature of the improper trading in hundreds of different mutual funds, and to quantify the financial effects of the improper trading.
Consumer fraud allegations quantified
ERS Group was retained by a major financial services company to calculate potential damages associated with allegations (initially filed by the New York Attorney General) that their financial product was designed to result in losses to the consumers. ERS Group worked with the defendant and outside counsel to settle multiple cases across the country.
Economic loss estimate for loss of life
ERS Group was asked to estimate the potential lifetime earnings of a teenager who died while in the custody of the Florida Department of Juvenile Justice. Typically, labor economists base potential lifetime earnings in large part on work life history and/or career path. In this instance, given the lack of work life information, the expert used publicly available demographic and educational data to obtain weighted potential lifetime earnings estimates. Criminal history and its potential effect on lifetime earnings was also considered as part of the estimate.
Pro Bono assistance to the Georgia Innocence Project
Clarence Harrison was wrongfully incarcerated in Georgia prisons for 18 years. He was freed from prison in August 2004, after the Georgia Innocence Project used DNA testing to prove that he did not commit the 1986 rape, robbery, and kidnapping for which he was convicted and sentenced to life in prison. With information provided by the Georgia Innocence Project, ERS Group calculated the present value of Mr. Harrison's economic loss. The Georgia legislature, after reviewing all the evidence, including ERS Group's damage calculations, passed House Resolution 108 authorizing an initial lump sum payment to Mr. Harrison of $100,000, and an annuity of $45,000 annually for 20 years.
Medicare reimbursement fraud allegations investigated
ERS Group was retained by a retail pharmacy chain to analyze and monitor compliance with their Medicare contract. Medicare alleged that the pharmacy chain charged cash-paying customers a lower price for prescriptions than they charged Medicare customers. ERS Group collected pharmacy transaction data for a number of years and across multiple stores. After working closely with the pharmacy and outside counsel to understand the data structure, ERS Group constructed a statistical model to determine whether there was any validity to the allegations. Our model included detailed understanding of Medicare prescription codes and regulations. When potential violations occurred, ERS Group calculated the pharmacy’s potential economic exposure. Especially useful to outside counsel were the alternative statistical analyses that show the sensitivity of the economic exposure estimates to changes in the underlying assumptions.
Disaster relief damage awards assessed for potential discrimination
ERS Group’s economists were retained to assess the calculations and methodology used in determining the damages associated with a catastrophic national disaster to provide expert opinion on whether or not the methodology resulted in potential discrimination among the residents of a community
Contract audit analysis supports inter-company negotiations to resolve dispute
ERS Group’s economists were retained by a major railroad company to audit their payments to partner railroad companies. This entailed reviewing hundreds of invoices spanning a six year period in the context of evolving contractual relationships among the relevant parties. The audit will play a role in negotiations around possible invoice adjustments with the partner railroads. The project also helps the client develop a new, faster and more accurate invoice review process.
Economic damages for asbestos class action
ERS Group’s experts were retained by the Air Force to provide expert testimony, economic damage estimates, and litigation support for allegations of harm due to exposure to airborne asbestos. ERS Group’s experts collected and provided statistical analyses of environmental air sampling and bulk materials sampling data spanning a 25-year period. The economic model included in depth information related to asbestos exposure provided by subject matter experts in occupational health, epidemiology, and radiology. ERS Group provided testimony on the analyses during arbitration.
Economic impact studies for community planning
ERS Group’s economists have conducted economic impact studies of large scale sporting and entertainment events, including the Academy Awards, Rose Bowl Parade, NBA All-Star Game, and X Games. These studies analyze the expenditures and economic activity associated with both direct spending and economic multipliers associated with the event
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