2007-2008 -- Dennis Johnson et. al.: California
dispute
in arbitration related to whether route distributors providing
store-door delivery and shelf management services to grocers were properly
classified as independent contractors or employees. Prepared
analysis of industry custom and practice in comparison to legal
standards. (Report, Deposition, Arbitration hearing testimony)
2004-2007 -- US Tobacco: Four state-level
consumer antitrust class actions alleging restraint of trade and associated
overcharge damages. Prepared analysis of tobacco industry and
industry marketing practices and results. Analyzed unique
regional characteristics of moist snuff consumption and marketing
practices. Documented client marketing practices. Damages
critique. (Report, Depositions (2))
2007 -- Winn Dixie, Florida: Multiple
actions by Winn-Dixie against dollar store operators and shopping
center landlords alleging violation of exclusive clauses in shopping
center leases prohibiting operation of stores offering competing
products lines. Surveyed depth , breadth. and quantity of
Dollar store grocery product offerings. Provided specific
measures of lease violations. (Reports, Depositions(2), Trial
testimony (2))
2005-2006 -- 7-Eleven: U.S. District Court
dispute between convenience store operator 7-Eleven and a major
cigarette supplier related to alleged non-payment of promotional allowances. Prepared analyses of cigarette industry marketing and
promotional practices and custom and practice with regard to
promotional payments. Analyzed facts surrounding price
discrimination claim. (Report, Depositions (2))
2005-2006 -- Fleming Estate: National
action by Fleming Estate in bankruptcy against major customer for
recovery of unauthorized invoice deductions. Compared
actions of retailer and wholesaler to industry custom and practice.
Assessed payment history against shipments and billings to determine
payment shortfall. Damages assessment. (Report, Depositions (2))
2005 -- David Vincent Design: California
unfair business practices action by retailer of high-end home
entertainment systems and against provider of business consulting services.
Analyzed business practices. Prepared damages estimate. (Report,
Deposition, Trial testimony)
2004 -- Jarvis: California consumer class
action alleging misleading and restricted language on labels of
nutritional snacks and supplements. Interpretation of consumer
research in relation label claims. Estimates of volume of
sales. Consultation on sales trends and product profitability.
(Deposition)
2002-2004 -- Neopost: California
breach-of-contract action associated with consumer package shipping
services in retail stores. Reviewed market conditions.
Prepared information on trade practices. Damages critique. (Deposition, Trial
testimony.)
2004 -- Albertsons: California landlord-tenant dispute
associated with duties, obligations, and prerogatives for a
non-operating property. (Deposition, Trial testimony)
2003 -- Nash-Finch: SEC and stock exchange
investigation of accounting and reporting practices associated with
manufacturers’ marketing incentives. Prepared analyses of competing
firms’ accounting and reporting practices. (Report)
2002-2003 -- Rainbow – Cub: Minnesota action alleging
theft of trade secrets associated with advertising. Prepared analyses
of trade practices. Prepared critique of plaintiff’s damage claims.
(Report)
2002-2003 -- Sheridan Flynn:
California action by children's clothing retailer against landlord alleging
breach of good faith and fair dealing, antitrust
violations, and other claims. Prepared evidence of market conditions
and landlord violations. Prepared damages assessment. (Report)
2002 -- Southern Wine & Spirits: Negotiation
and mediation between distributor, importer, and French vintner
to require importer to enforce exclusive territorial distribution
rights and block gray market imports. Gathered and documented
evidence of violation. Prepared trade practice information. (Report and negotiation)
2002-2003 -- Winn Dixie
– Dallas: Texas action associated with landlord’s failure to
maintain retail site in accordance with lease terms. Assessed
and documented condition of retail premises. (Report)
2001-2002 -- Fleming Companies:
National Labor Relations Board action associated with union “successor in
interest” claims arising from Fleming’s sale of stores to
independent operators. Prepared analysis of market conditions.
Reviewed and reported on operating and accounting reports. (Report)
2001-2002 -- Winn-Dixie: Texas action
to enforce exclusivity clause in shopping center lease. Studied
market conditions. Prepared evidence of violation of lease terms.
(Deposition)
2001-2002 -- Victory Wholesale Grocers: Florida
action associated with diverting of wholesale grocery products
destined for international trading. (Report)
2000-2003 -- Winn-Dixie – Trail Plaza:
Florida action to enforce exclusivity clause in shopping center lease.
Collection of data and preparation of exhibits to demonstrate that
co-tenant violated and shopping center owner failed to enforce
lease restrictions. Prepared assessment of damages. (Deposition, Trial
Testimony)
2000-2001 -- The Customer Company/Cigarettes Cheaper: U.S. District Court action by U.S. Consumer Product Safety Commission alleging unlawful sale of non-child resistant cigarette lighters. Trade practices associated with purchasing, receiving, distribution, and employee training. (Deposition)
2000 -- Terrific Promotions Incorporated: U.S. District Court Action alleging lawyers' malpractice in representation of client in sale of a business. Trade practices associated with diverting
and potential for success of a continuing business. (Report,
Deposition)
1999-2000 -- Californians for Nutritious Milk: Economic support for milk producer and processor group seeking to prevent legislative overturn of nutritional standards for California milk. Retailer marketing practices. Collection and analysis of historical prices. Comparison with prices in other states. (Report,
Legislative testimony.)
1999-2000 -- Fleming Companies: U.S. District Court civil actions (four actions) by groups of retailer customers of wholesaler Fleming. Suits alleged overcharge and breach of contract. Trade practice -- Deals, allowances, wholesaler buying practices, accounting issues, product costing, inside margin. Critique of plaintiff damages study. Operations analysis. (Report,
Depositions (3))
1999 -- MicroEnhancement International: Washington accounting malpractice case alleging accountant's failure to timely complete financials resulted in a failed IPO. Extensive study of grocery industry promotional practices. (Report, Deposition, Trial testimony)
1998-99 -- Safeway/Vons: California antitrust action alleging price fixing of eggs. Construction and documentation of large scale database on retail prices of eggs. Preparation of demonstrative exhibits (Report, Deposition, Trial testimony)
1998 -- American Stores: Consultation with counsel associated with planned acquisition of stores. Market analysis. Negotiation with California Attorney General. (Report)
1998 -- Andy's Market: U.S. District Court
antitrust action by developer alleging monopolization of local retail
grocery market. Market analysis. Consultation with
counsel. Preparation of preliminary materials for exhibits. (Report)
1997-98 -- Ralphs: Pre-merger notification, FTC and California Attorney General. Ralphs' acquisition of Hughes Markets in Southern California. Market and competitive analysis. Collection of evidence re: competition among market participants. Preparation and presentation of demonstrative exhibits.
1997-98 -- Coca-Cola/CCE:
Texas antitrust action by Royal Crown Cola bottlers alleging
Coca-Cola and other major soft drink bottlers restricted access to
marketing channels through promotional arrangements with retailers and
others. Competitive analysis. Examination of promotional trade
practices. (Report, Recruited trial experts)
1997 -- Albertson's: Nebraska civil action associated with supermarket mini-banks. Operational and competitive impact of closure of supermarket branch banks. (Report)
1997 -- Kash n' Karry/Food Lion: U.S. District Court civil action alleging Kash n' Karry tortuously interfered with brokerage relationship. Developed of trade practice and competitive information. (Report, deposition)
1997 -- Save Mart: Pre-merger notification, FTC and
California Attorney General. Save Mart acquisition of central
California Lucky stores. Collection of competitive
information. Preparation of demonstrative exhibits. Presentations to
FTC and to Attorney General's staff.)
1996-98 -- Schnuck Markets: Arbitration of fraud and
other charges by buyer of stores divested by Schnucks. Analysis of
buyer's operations, financials, and damage claim. Preparation of competitive analyses. (Report, Arbitration testimony)
1996-97 -- Schnuck Markets: FTC enforcement action associated with Schnucks compliance with consent and divestiture order.
Analysis of competitive market conditions and of Schnucks' order
compliance. (Presentations, FTC staff and Commissioners)
1996-97 -- Fleming Companies: Texas action by customer, Davids Supermarkets, alleging overcharge. Analyzed
trade custom and practice in relation to promotions. deals, allowances, wholesaler buying practices, accounting issues, product costing,
and inside margin. Critique of plaintiff damages study. (Report,
Deposition)
1996 -- The Vons Companies: California action by supplier of variety merchandise alleging breach of contract. Examination of issues. Comparison of merchandise and marketing program to a competitive standard.
(Report)
1996 -- Marketing Management, Inc.: New Jersey
Chancery Court action by local brokers against MMI and Wakefern alleging tortuous interference. Analysis
of evolution of the
role of brokers. Development of
trade custom and practice. (Report, Deposition, Trial
testimony)
1996 -- Analysis Group Economics: Prepared background study -- History and analysis of trade practices associated with merchandise diverting.
(Report)
1995-96 -- Stop & Shop: U.S. Justice Department
criminal investigation of promotional and purchasing practices associated with deals and allowances. Examination of Stop & Shop practices. Custom
and practice associated with promotional and buying practices of manufacturers and retailers across the U.S.
(Report)
1994-1995 -- Schnuck Markets: FTC Pre-Merger Notification -- Merger of Schnucks and National Stores, two leading St. Louis area grocers. Competitive market analyses. Preparation of competitive market evidence and data. (Presentations to FTC staff
and Missouri AG)
1994-1995 -- Ralphs and Food 4 Less Supermarkets: FTC Pre-Merger Notification -- Merger of Ralphs and Food 4 Less. Market analyses. Assessment
of competitive market conditions. (Presentations to FTC Commissioners and staff)
1994-1995 -- Fox's Foods: U.S. District Court action. Dispute between Fox's
Foods and K-Mart associated with K-Mart's (landlord) delay in construction of new Fox's store. Assessment of competitive situation. Computation of damages. (Report,
Deposition)
1994-1995 -- Albertsons: U.S. District Court action. Tortuous interference charge associated with brokerage of private label grocery products. Development of history, trends, and market practices in the grocery brokerage business and private label products. (Report,
Deposition.)
1994-1995 -- Alcott Estates: California dispute between shopping center landlord and tenant chain grocer.
Failure of tenant to make best efforts to maximize sales. Comparative analyses of grocers' operations. Examination of sales and financial records. Consultation on damages. (Deposition)
1994 -- American Stores, Inc.: US Tax Court action. Dispute associated with the value of bread donated to charitable uses. Survey
on trade custom and practice for display, rotation, and removal of fresh bakery products for proprietary brands and private label. (Report)
1993-1994 -- Sunshine Mills: U.S. District Court action. Antitrust and malicious business injury action associated with
competitor marketing practices. Trade practice investigation. Assessment of plaintiff actions. (Report,
Deposition)
1993-1994 -- Happy Chef of Fargo ND, Inc.: U.S. District Court Action. Breach of contract associated with lease restrictions. Economic assessment and damages computation.
(Report)
1993 -- Super Rite: Baltimore MD County Court action. Landlord-tenant dispute, shopping center lease radius restriction. Market evaluation. Developed custom and practice information. "But for" analysis of impact on operations.
(Deposition)
1992-1993 -- Twin County Grocers: U.S. District Court action. Supplier-retailer dispute, exclusive purchase contract, aluminum foil bake ware.
(Report)
1992 -- Safeway: California breach of contract action involving the purchase of private label fresh eggs. Assessment of industry practices: purchase agreements and up-front payments. Built large scale database for purchase information. (Deposition)
1991 -- Advance Wire and Cable: U.S. District Court antitrust action
associated with wring devices for defense ballistics. Industry structure analysis. Damage assessment. Predatory pricing
analysis. (Report)
1990-1992 -- Safeway: California action associated with meat labeling and alleged artificial price enhancement. (Report)
1989-1995 -- American Stores: U.S. District Court and California civil action by buyers of Alpha Beta stores.
Non-testifying expert and consultant. Hired and supervised
testifying experts (5), Jury selection. Damages critique. (Two trials)
1989-1990 -- Wm. Mathews Co.: California landlord dispute with tenant P&X Markets. (Deposition)
1989 -- Safeway: California breach of contract issue
actions with in-store bakery concessionaire. Damages
critique. (Report)
1989 -- Safeway: Texas breach of contract action by copy machine vendor on
cessation of Texas operations of major retailer -- Competitor assessment (Deposition)
1988 -- Internal Revenue Service: US Tax Court. Investment Tax Credit issues
Consumer research. (Report, Trial testimony.)
1988 -- Golub Corp.: Arbitration on trademark dispute,
private label merchandise (Arbitration testimony.)
1988 -- Safeway: FTC pre-merger notification, merger with Vons
(Presentation to FTC Staff.)
1987 -- ConAgra: FTC pre-merger notification, merger with Swift.
1974-1986 -- Safeway/FTC Advertising Rules: FTC litigation
re: grocery store price an item advertising compliance. (Report,
Presentations to FTC staff)
1971-1985 -- Safeway/Beef Antitrust: U.S. District and State courts -- Complex set of cases involving beef marketing -- Economic theory -- Survey research -- Statistical analyses -- Market modeling -- Database management
(Reports)
1983 -- Safeway/Employee Fraud: U.S. District Court civil action -- Action against employee related to supplier gratuities -- Economic and statistical analyses to demonstrate and compute damages. (Report, Trial Testimony)
1980-1982 -- Safeway/Internal Revenue Service: National office review -- LIFO inventory valuation -- Survey research -- Statistical analysis
-- Expert coordination and management.
1982 -- Safeway/Beef Business Practices: Washington State Court civil action -- Economic modeling -- Database management -- Statistical analysis.
1978 -- Safeway/Fresh Market Cherries Antitrust: State and Federal Court -- Action alleging antitrust law violations in fresh cherry purchases --
Market structure analysis -- Business and statistical analysis -- Damage study critique.
1976 -- Safeway/Orange Juice Antitrust: U.S. District Court -- Action alleging antitrust law violations in orange juice purchases -- Database management -- Statistical analysis --
Market structure analysis.
1973-1975 -- Safeway/Canadian Monopoly: Canadian Federal Government inquiry and litigation -- Industrial organization -- Economic analysis -- Market structure -- Consumer welfare -- Financial modeling -- Consent order development -- Compliance reporting.
1970-1972 -- State of California/Tetracycline Antitrust: U.S. District Court -- Market structure -- Industrial organization -- Damage estimation -- Statistical analysis (Presentations before special masters, economic issues.)
1971 -- State of California/Automobile Smog Antitrust: California State Court -- Financial and statistical analysis.
1970 -- State of California/School Bleachers: U.S. District Court -- Bid rigging -- Financial and statistical analysis -- Damage estimation.
1970 -- State of California/Asphalt: U.S. District Court -- Market Structure -- Industrial organization -- Financial analysis.
