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Robin Hart | Anna Soubbotina
Transfer Pricing
While the current upheaval due to the COVID-19 pandemic is unprecedented, lessons learned from prior economic crises can help provide structure for rapid decision-making. Business...
Quenton Wright
Labor & Employment
A pay audit can be an important first step to reveal statistically significant pay gaps based on gender or race/ethnicity, providing statistical insights into an employer’s potent...
Brad Miller | Margarita Patria
Auctions & Competitive Bidding
The Internet and proper application of market-design principles make auction-based trading platforms an attractive, value-added, lower-cost option for many industries...
Anne Layne-Farrar
Antitrust & IP
In this edition of IP Literature Watch we feature an assortment of recent papers, including an empirical study of how different types of patent examiners use prior art rejections...
Lev Gerlovin | Andrew Thomson
Life Sciences
Bioprinted organs soon could revolutionize clinical trials, transplantation, and regenerative medicine. However, several technical hurdles must be navigated for...
Kristofer Swanson
Forensic Accounting & Investigation
In this infographic, our Forensic Services team outlines investigation techniques required in the COVID-19 era that reflect new patterns of employee remote working, reinforce core...
Sean Sheridan
Intellectual Property
In this roundtable discussion published in Corporate Disputes, Sean Sheridan and two other panelists discuss recent trends in patent disputes. Dr. Sheridan dicusses the sharp...
Richard Franciosa | Marie Minasi
Intellectual Property
Do generic terms constitute a protectable trademark? Courts and the US Patent and Trademark Office often consider survey evidence to determine if consumers view a mark as...
Tim Wilsdon
Life Sciences
In this article published in The Pink Sheet, Tim Wilsdon and Ryan Lawlor explore the relationship between various procurement models and vaccine coverage rates in Europe. They...
Sean Sheridan | Nick Biagioli | Thomas P. Sears
Intellectual Property
In this issue of Insights we look at a case involving the analysis of commercial success, a Section 337 investigation involving a “value-add” analysis, a...
Anne Layne-Farrar
Antitrust & IP
The Supreme Court has a love affair with the dictionary. Half of its decisions in the 2018 term cited a dictionary, often as the primary or exclusive means of defining a term in t...
Christopher Russo
Energy
CRA’s Energy Practice experienced strong growth in 2019, reflecting the increasingly complex issues facing the industry. In this Insights we summarize a few representative...
Seabron Adamson
Energy
Seabron Adamson published a book entitled Renewable Energy Finance: Theory and Practice, which addresses the current and future landscape of funding renewable energy...
Monica Noether | Sean May | Benjamin Stearns
Antitrust & Competition | Health Care
In their recent paper, Beaulieu et al. attempt to estimate the effects of hospital acquisitions on measures of hospital quality at the acquired hospitals. To do so, the authors use...
Tiago Duarte-Silva | Assen Koev
Securities and Financial Markets
In a previous article on Bloomberg Law, we presented statistics on how the turnover factor has evolved in the past 30 years since Cammer. In this article, we focus on the analyst...
Kristofer Swanson
Forensic Accounting & Investigation
In this infographic, CRA’s cyber experts provide some insights into what companies need to know about cyber insurance claims...
Lev Gerlovin
Life Sciences
From 2010 to 2016 alone, companies executed more than 50 partnerships and investments in efforts to access promising cell and gene therapies. But as the pace of dealmaking...
Christopher Russo | Seabron Adamson | Jim McMahon
Energy
This newsletter contains a digest of recent trending utility and energy litigation matters.  In our February 2020 issue, we provide summaries of litigation involving ...
Fei Deng
China Competition
In this issue of CRA Insights: China Highlights, we focus on competition topics in China involving antitrust and intellectual property litigation, mergers and...
Tim Wilsdon
Life Sciences
Across Europe, immunization programs have brought immense benefits to the prevention of infectious diseases. The vaccines used are procured through a variety of models such as...
Derya Eryilmaz | Caroline Heilbrun
Energy
Electric storage resources (ESR) can provide significant benefits to regional electricity markets, however, their participation in these markets has been limited or restricted due...
Lev Gerlovin
Life Sciences
In this PharmaPhorum article, authors Lev Gerlovin and Pascale Diesel conducted an analysis of recent activity in the biotechnology sector to better understand deal...
Anne Layne-Farrar
Antitrust & IP
Can algorithms help promote fair use in copyright law? While the debate on the feasibility of developing automated fair use systems is not new, recent technological advances have...
Sabera Choudhury | Gary Chan
Transfer Pricing
In this edition of Insights: Transfer Pricing, we highlight the work of CRA’s Transfer Pricing Practice in 2019, provide a recap of 2019 transfer pricing regulations/guidance and...
This infographic discusses the basics of The General Data Protection Regulation (GDPR). GDPR is essentially a set of new rules that govern the data of EU citizens and gives them...
This tip sheet offers a quick overview of GDPR. The General Data Protection Regulation is essentially a set of new rules that govern the data of EU citizens and gives them more...
This infographic discusses GDPR concerns that impact E-Discovery. The General Data Protection Regulation is essentially a set of new rules that govern the data of EU citizens and...
CCPA enforcement will continue to evolve and complicate e-discovery. CRA’s Forensic Services team offers expert guidance in these matters...
CRA’s forensic services team offers expert guidance to ensure your organization remains in compliance as CCPA enforcement evolves...
The California Consumer Privacy Act (CCPA) enables Californians to control how companies collect, use, and share their personal details...
CRA's Forensic Services Practice has prepared this infographic to help you understand the factors used to evaluate inability to pay...
Patrick Augustine | Anant Kumar
Several states and utilities in the US have announced goals for a 100% carbon-free generation mix over the next two to three decades. The announcements provide broad guidance, but...
David E. Hunger | Jeff Plewes | Patrick Augustine | Jordan Kwok
Energy
On December 19, 2019, the Federal Energy Regulatory Commission (FERC) directed PJM to expand the Minimum Offer Pricing Rules (MOPR) to a broad range of subsidized resources, both...
Tim Wilsdon
Life Sciences
At the ISPOR Warsaw 2019 regional conference, a panel examined country experiences with managed entry agreements and their impact on improving access to innovative oncology...
Cécile Matthews | Bhavesh Patel | Owen Male
Life Sciences
High clinical development costs and small target patient populations have often been presented as justifications for high prices of drugs to treat rare diseases. Historically...
Herb Rakebrand | Christian Jeffery | Laura Sochat
Energy
In this second of a series of papers on developments in the global LNG industry, we explore the development of Asian-traded LNG markets. We draw on lessons from the development of...
Anne Layne-Farrar
Antitrust & IP
Economists generally agree that innovation is important to economic growth and that government support for innovation is necessary. Of late, however, there has been a weakening of...
Christopher Russo | Seabron Adamson | Jim McMahon
Energy
This newsletter contains a digest of recent trending utility and energy litigation matters. The newsletter covers topics such as natural gas and oil transmission, coal generation...
Rebel Curd | Haruka Abe | Robin Hart
Transfer Pricing
On December 3, 2019 Treasury Secretary Steven Mnuchin wrote to the OECD Secretary General José Angel Gurría stating the US Administration’s support for the ongoing Programme of...
Lauren Richardson | Inderpreet Kambo
Life Sciences
It is estimated that 400 million people suffer from a rare disease globally, with approximately 7,000 distinct types of rare and genetic diseases identified. On average, it takes...
Tiago Duarte-Silva | Billy Muttiah
Tiago Duarte-Silva and Billy (Milinda) Muttiah examine the growth of the mobile telecommunications industry and the accompanying rise in the number of investor-state...
Anne Layne-Farrar
Antitrust & IP
In light of recent Supreme Court decisions on trademark registrations and free speech, the question is: is the ban on cannabis trademark registrations justifiable in light of the...
Lev Gerlovin
Life Sciences
Cell and gene therapies (CGTs) are coming of age, with most healthcare leaders expecting them to be ready for widespread delivery within the next 3 to 10 years. They can be...
Aaron Dolgoff
Financial Services
Damages under Section 11 of the Securities Act of 1933 are calculated using a statutory formula. In many cases, the inputs to that formula are simple to determine and its...
Walter Colasante
The number of companies targeting the development of new cell and gene therapies has risen dramatically in recent years...
Jim McMahon | Patrick Augustine
Energy
Energy storage resources are expected to play an important role in the power system of the future, and electric utilities now face a growing need to evaluate them comprehensively...
Enrique Glotzer | Herb Rakebrand
Energy
Public concerns regarding climate change are prompting states, cities, and other entities across the US to enact new initiatives to reduce greenhouse gas emissions. The shift to...
Lev Gerlovin | Andrew Thomson
Life Sciences
Bioprinting has advanced rapidly through engineering step changes in the use of three-dimensional (3D) printing. With these developments, living cells can be positioned layer by...
Anne Layne-Farrar
Antitrust & IP
The release of the first-ever black hole image generated an immediate copyright dispute and revealed multiple copyright issues that remain unsettled, raising interesting questions...
Cécile Matthews | Bhavesh Patel | Owen Male
Life Sciences
With a recent flurry of headline grabbing high prices for medicines in non-oncology rare diseases, this article investigates whether there is a relationship between prevalence and...
Mason Kissell | Alex Formstone | Happy Liu
Management Consulting
Despite pressures on recent performance, market expectations for the consumer and packaged goods (CPG) industry are high. Growth has been trending up and  margins are expected...
Walter Colasante
Life Sciences
Significant innovations in healthcare often require new ways of thinking to recognize their true value. It is the responsibility of the pharmaceutical industry to help drive change...
Life Sciences
Despite high approval rates of orphan drugs by the EMA, with the pressure of rising prices we are seeing increased payer sensitivity resulting in a reduced opportunity for...
Cécile Matthews | Bhavesh Patel
Life Sciences
High development costs and low patient numbers have often been presented as justifications for high treatment prices in rare diseases. Payers have traditionally accepted this...
Justus Dehnen | Fabian Kruse
Life Sciences
Since the introduction of the Act on the Reform of the Market for Medicinal Products (AMNOG) in 2011, pharmaceutical companies (PC) must submit a dossier claiming an additional...
Sean Sheridan | Adam Moore
Intellectual Property
In this Insights, we summarize some recent cases in IP litigation, including Apple Inc. v. Wi-LAN Inc. and Mondis Technology LTD v. LG Electronics, Inc...
Jeff Plewes | Jordan Kwok
Energy
PJM’s Capacity Performance program has created new risks and opportunities for generators in PJM, shifting the calculus and complicating capacity market offer strategies. Renewable...
Justus Dehnen | Walter Colasante | Leanne Finch
Life Sciences
As price pressure intensifies in crowded therapy areas, healthcare systems are increasingly reliant on the introduction of generics and biosimilars in order to reduce spending. In...
Rebel Curd | Haruka Abe | Robin Hart
Transfer Pricing
On October 9, 2019, the Organisation for Economic Co-operation and Development (OECD) Secretariat published its proposal for a "unified Approach" under Pillar One of “Programme of...
Neal Kissel | Alex Formstone | Patrick Foley
Management Consulting
Solid operational performance matters; if your team can’t reliably execute you’re finished. However, our comprehensive study of 1,200 companies revealed that the path to superior...
Anthony Barron
The first generation of gene and cell therapies has the potential to transform the way we treat some diseases and can bring new hope to patients with many rare and serious...
Peter Rankin | Andrew Tepperman
The valuation of intellectual property is frequently a significant issue in the damages phase of disputes between companies in innovative industries. The selection of appropriate...
Steven A. Tenn
Antitrust & Competition
While the gaming industry is familiar with the regulatory scrutiny that often follows mergers and acquisitions, antitrust reviews may be more of a mystery. However, casino...
Anne Layne-Farrar
Antitrust & IP
Accidental infringement of patent rights is a pervasive and growing problem in the Information Age. As IP rights proliferate and expand in scope, it is becoming increasingly easy...
Arthur P. Baines | Adam Gailey
Financial Economics
Beginning in 2017, the Federal Financial Institutions Examination Council (FFIEC) opted to replace its population and demographic data (formerly drawing on the 2010 Census) with...
Patrick Augustine | Jordan Kwok | Parag Nathaney
Energy
Energy storage technologies will play an important role in the power system of the future. Grid-scale storage will likely be a necessity to maintain balance between supply and...
Monica Noether | Sean May | Benjamin Stearns
Antitrust & Competition
In 2016, we conducted a two-part analysis of the effects of hospital acquisitions on costs and quality of care. Our research, which included both interviews and econometric...
Life Sciences
Following decades of public health investments that have reduced the burden of communicable diseases, non-communicable diseases are becoming a bigger threat to the health of...
Matthew Majewski | Andrew Parece
Life Sciences
Significantly changing key elements of the US healthcare system can be effective and in the best interests of patients, but sometimes such changes are ill-advised. The Trump...
E Wah Wan | David Yu Bai
Energy
At present the use of hydrogen as an alternate fuel is mostly a niche offering. Efficient transportation and storage remain key issues, and full-scale adoption would be a major...
Lev Gerlovin | Andrew Thomson
Life Sciences Strategy
In this Q&A on bioprinting in 3Dprint.com, CRA Life Sciences consultants Pascale Diesel, Lev Gerlovin, and Andrew Thomson discuss the potential applications for 3D bioprinting...
Derya Eryilmaz
Energy
In this article published in Energy and Environment Research, Derya Eryilmaz and co-authors discuss the economic implications of real-time pricing mechanisms in a cement...
Anne Layne-Farrar
Antitrust & IP
Patent protection often leads to high drug prices that make life-saving medicines unaffordable for patients. This tension further induces increasing patent infringement and...
Rebel Curd | Haruka Abe | Robin Hart
Transfer Pricing
On August 16, 2019, the US Court of Appeals for the Ninth Circuit affirmed a decision of the US Tax Court regarding the definition of an intangible and the valuation method of...
Anthony Barron
Life Sciences
Innovation in pharmaceuticals, medical devices, diagnostic and digital health technologies has transformed the way we deliver and manage treatments and organize healthcare systems...
Kristofer Swanson | Patricia Peláez
When models do not function as intended or advertised – or are not used as intended – the results can be catastrophic. CRA's Forensic Services Practice has prepared this...
Ashley Fraser
Life Sciences
Canada's healthcare system is viewed as a "universal" one, founded on the basis of equal access rather than the ability to pay, though the reality is somewhat different. The public...
Matthew P. List
Antitrust & Competition
In a recent decision involving allegations of coordinated output restrictions, the Seventh Circuit applied in dicta a rarely used theory called “perilous leading” to categorize the...
Lev Gerlovin | Andrew Thomson
Life Sciences
Bioprinting has advanced rapidly over recent years through engineering step-changes in the use of 3D printing devices. With these developments, living cells can now be positioned...
Anne Layne-Farrar
Antitrust & IP
Every antitrust case must consider the market environment in which conduct is to be evaluated. In her recent Qualcomm decision, Judge Koh devoted considerable space to standard...
Marsha J. Courchane | Arthur P. Baines
Financial Economics
For this research study, CRA consultants Marsha Courchane and Arthur Baines analyzed the use of various types of cash flow data in highly automated underwriting systems utilized by...
Daniel Garcia-Swartz
Antitrust & Competition
For firms that own or sponsor a computer or smartphone standard, is it better to make the standard open or closed? Has openness paid as a business strategy? In this paper, the...
Tiago Duarte-Silva | Assen Koev
The 1989 case of Cammer v. Bloom established the five “Cammer factors” that are used as benchmarks for gauging market efficiency in securities class actions under Section 10b-5 of...
Tim Wilsdon | Artes Haderi
Life Sciences Policy
There is widespread concern regarding the high price of innovative medicines and their impact on the sustainability of healthcare systems. However, the debate rarely accounts for...
Frank Mathewson | E. Jane Murdoch
Antitrust & Competition
This paper discusses the connection between rate regulation and bargaining outcomes. The authors, Jane Murdoch, Frank Mathewson, and Gerry Wall, consider the case of licensing...
Timothy Snail
Antitrust & Competition
In a Q&A for Corporate Disputes Magazine, CRA Vice President Tim Snail discusses what has precipitated the recent rise in disputes within the food and beverage sector and the...
Derya Eryilmaz
Energy
In this Insights, we illustrate the incremental effects of considering energy efficiency and distributed solar on load forecasting accuracy. In addition, we examine the...
Anne Layne-Farrar
Antitrust & IP
The Federal Trade Commission recently scored a substantial victory in its antitrust suit against Qualcomm. The case represents a novel confluence of standard-setting and IP...
Lorenzo D'Angelo
Life Sciences
Pre-launch drug access programs can help patients access investigational therapies before they receive regulatory approval and are launched commercially. Based on their potential...
Rebel Curd | Harry Vale | Haruka Abe
Transfer Pricing
In this Insights, the CRA Transfer Pricing Practice provides an update on the most recent developments on BEPS Action 1: Addressing the Tax Challenges of the Digital Economy, as...
Samuel Lynch | Oliver Latham | Simon Chisholm
Antitrust & Competition
Antitrust authorities are increasingly concerned with so-called “killer acquisitions” and multiple commentators including the recent Furman Review in the UK have argued that...
Marsha J. Courchane
Financial Economics
In this article CRA consultant Marsha Courchane, along with Stephen L. Ross of the University of Connecticut, presents an overview of the research on discrimination in mortgage...
Tim Wilsdon | Anthony Barron
Life Sciences Policy
Today, the healthcare industry looks very different to how it did ten years ago. New technologies have revolutionized healthcare – delivering benefits to patients and reducing...
Matthew Majewski | Kira Gordon
Life Sciences Strategy
Consolidation in the hospital and healthcare delivery sectors has better positioned larger hospital systems to negotiate lower prices for medical device products and technologies...
Monica Noether | Benjamin Stearns
Health Care
In a recent analysis for the American Hospital Association, Monica Noether and Ben Stearns review two recent studies on hospital payment rates and discuss several issues with the...
Quenton Wright
Labor & Employment
Employers are facing increasing pressures to reduce or eliminate pay gaps between different employee populations. An audit of business’ pay outcomes may reveal statistically...
Energy
CRA consultant Colin Johnson recently participated in a roundtable discussion on energy market consolidation in the UK. The UK energy market is undergoing major change, with...
Mary Beth Savio | Michelle M. Burtis
Class Certification
It has been acknowledged by both practitioners and the government that transparency in the calculation of criminal antitrust fines by the US Department of Justice (DOJ) is...
Mary Beth Savio | Michelle M. Burtis
Class Certification
After an unprecedented run spanning at least seven years, the US Department of Justice's international criminal investigations into collusion in the auto parts industry appear to...
Anne Layne-Farrar
Antitrust & IP
Policies of standards-development organizations (SDOs) are typically embodied in a governing document regulated by the jurisdiction in which the SDO is located. Is it possible to...

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