Mr. Schwarz has built a practice as a consulting expert, providing privileged advice to counsel in very large, complex litigation matters in antitrust, sports and entertainment, intellectual property, and banking and insurance. He has extensive experience in class action litigation, providing assistance to counsel for defendants and for plaintiffs. In many cases, Mr. Schwarz has played a parallel role to the testifying expert, working with counsel to assist in their development of testimony from unaffiliated experts.
Mr. Schwarz has been engaged as a testifying expert on a variety of litigation matters for issues of class certification, liability, and damages. He has testified in deposition and at trial. He appeared on a joint panel of the House Energy & Commerce and the House Education & Workforce Congressional Committees.
Matters in which Mr. Schwarz has served as an expert include:
- A wages and hour class action involving a California apparel retailer;
- An Americans with Disabilities Act class action involving voters in New York;
- A breach of contract dispute among mortgage lenders in California;
- A dispute over exclusive distribution rights involving an Italian manufacturer of women’s accessories in the Court of International Arbitration (London);
- A wages and hour class action involving a tax preparation firm in California;
- A truth in lending act class action involving mortgages in California;
- An Americans with Disabilities Act class action involving the City of San Francisco;
- An Americans with Disabilities Act class action involving the California Department of Transportation;
- A Workers Compensation class action involving a major California Insurer.
Among his many sports-related engagements, Mr. Schwarz was deeply involved in the economic analysis underlying the NFL’s defense in L.A. Raiders v. NFL. He was also a consultant on White v. NCAA and has been disclosed as a consultant in the ongoing O’Bannon v. NCAA matter.
Mr. Schwarz has been featured on ESPN analyzing sports economic issues. He has also published on the antitrust implications of NCAA bylaws, the Twombly standard and the implications for litigation costs, the impact of the US v. Oracle trial on the doctrine of unilateral effects, and on the antitrust and intellectual property lessons to be learned from the emerging markets in virtual goods. He has a chapter forthcoming in the Oxford Handbook of Sports Economics. He has been a litigation economist since 1997. Mr. Schwarz holds an M.B.A. from the Anderson School of Management at UCLA as well as an A.B. in history from Stanford University and an M.A. in history from Johns Hopkins.
Mr. Schwarz is one of the original founders of OSKR and served as President/Managing Partner for the firm’s first three years.