OSKR is built around a core knowledge base in the intersection of economics and law. While we are not attorneys, we are familiar with many legal concepts. We are economists and business strategists and bring that knowledge of the source of business profits to bear on legal damages.
Learn more about our experience by clicking on the links below.
OSKR team members have consulted on and provided testimony in, hundreds of patent infringement matters including working for many of the largest tech firms. One OSKR managing partner co-authored the chapter on “Patent Infringement Damages” in the Litigation Services Handbook.
Our significant depth of experience and understanding in the value and role of patents makes our work efficient and extremely high quality. These same skills are applied in quantifying damages in other settings such as breach of contract, trademark infringement and theft of trade secrets.
OSKR team members have consulted on and provided testimony in, hundreds of antitrust matters (on liability and damages) including allegations of price-fixing and other horizontal collusion, collective refusal to deal, monopolization, and vertical non-price restraints. OSKR’s partners have provided testimony and back-office work on numerous antitrust class actions, from the pre-complaint stage all the way through trial and appeals. OSKR’s antitrust group also has significant experience in consumer protections cases, as well as long-standing experience in merger review, both at trial and in the HSR process.
OSKR has been involved in every major high-tech price fixing case in the Ninth Circuit, and has experience across a range of other industries and allegations including the automotive, agriculture, and financial services sectors. An OSKR partner has testified at trial in the two most important NCAA-related antitrust cases of the decade, O’Bannon v. NCAA and Alston v. NCAA.
OSKR team members have provided damages analyses on numerous securities matters in the U.S., Europe and Australia. These matters have included firms in the telecommunications, construction, banking, manufacturing, and high technology industries. These cases have involved issues such as breach of fiduciary duty, fraud and Section 10b5 and 12 class action cases in Federal, State and Regulatory venues as well as 2001 Corporations Act Section 674 and 675 matters in Australia. Analyses have examined insider trading, bond pricing, share price movements, materiality, trading losses and the outcomes of class actions. An OSKR partner testified as an expert before the U.S. House and Senate in conjunction with the hearing that lead to passage of the U.S. Securities Reform Act of 1995.
SPORTS AND ENTERTAINMENT
Through our involvement in antitrust, intellectual property, and damages, OSKR experts have developed a particular strength in the economics of sports and entertainment. OSKR experts and staff have worked in litigation and consulting for professional baseball, football, basketball, hockey, intercollegiate athletics, golf, boxing, auto racing, soccer, action sports, endurance sports, and ticketing, as well as for the recorded music and live concert industries. Out experience in sports antitrust and class action work is both broad and deep.
OSKR partners have been involved, as testifiers and/or in consulting roles, in a number of major sports cases including Alston v. NCAA, O’Bannon v. NCAA, Parrish et al. v. NFLPI, Pacquiao v. Mayweather Jr., D Wade’s Place v. Dwyane Wade, Kiffin v. Raiders, Frank Thomas v. Reebok, SMN v. Kurt Busch, MillerCoors v. New England Patriots, ISE v. Daniel Fegan, Mikey Garcia v. Top Rank, Inc., VICI Racing v. T-Mobile USA, Kentucky Speedway v. NASCAR and ISC, and White et al. v. NCAA. With respect to the last of these, OSKR partners made a substantial contribution to shaping the antitrust theory underpinning the White v. NCAA case, which served as the springboard for over a decade of cases changing the application of the Rule of Reason to the NCAA.