Scott M. Lobel, CPA

Scott Lobel co-chairs Bates White’s Mass Torts Practice. He has more than 20 years of experience providing economic and financial analysis in complex matters throughout the litigation process. He has testified in federal court and provided written reports on patent valuation. He has expertise in analyzing and forecasting potential liabilities and expenditures in product liability cases, both in the bankruptcy process and in underlying tort litigation. He has also worked extensively on behalf of plaintiffs and defendants in antitrust and intellectual property matters, supporting experts to estimate damages, analyze issues related to liability, estimate reasonable royalties, and calculate lost profits and profits earned through patent infringement. In addition, Mr. Lobel is a Certified Public Accountant.

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BSE, Mechanical Engineering and Economics, Duke University (magna cum laude, Phi Beta Kappa)

• Testified in federal court on reasonable royalty damages on behalf of a biotechnology patent holder alleging infringement.
• Provided a valuation opinion and report on IP rights and other assets, including seed patents and trade secrets, to an agricultural biotechnology company involved in the production and distribution of agricultural seeds.
• Co-authored due diligence report for investor group evaluating opportunities related to a company with significant future asbestos liabilities.
• Supporting the testifying expert in bankruptcy proceedings resulting from allegations of product liability from talc exposure.
• Serving as consulting expert for numerous direct-action plaintiffs in In re Rail Freight Fuel Surcharge Antitrust Litigation.
• Supported the testifying expert on liability on behalf of defendants in In re Packaged Seafood Products Antitrust Litigation, an international price-fixing matter.
• Served as the lead consulting expert on behalf of a software company accusing its primary rival of monopolization. Co-led the team to define the relevant market and assess impact and damages from the alleged conduct.
• Supported the testifying expert behalf of Amgen in its patent infringement lawsuit against Pfizer subsidiary Hospira.
• Served as the lead consulting expert for a coalition of direct-action plaintiffs in In re Puerto Rican Cabotage Antitrust Litigation, a case that involved ocean transportation of goods between the United States and Puerto Rico and resulted from one of the largest domestic price-fixing conspiracies investigated by the United States.
• Served as the lead consulting expert for counterclaim defendant on behalf of a patent holder in the nutritional supplement industry accused of patent misuse.
• Supported the testifying expert on damages for Nova Chemicals regarding damages arising from the infringing production of a polymer used for packaging and consumer products.
• Supported the testifying expert on behalf of plaintiffs alleging predatory pricing in the high-tech industry. Analyzed data to develop appropriate measures of prices, costs, and margins in a dynamic two-sided market.
• On behalf of the merging parties, identified competitive overlaps and analyzed likely competitive effects of a proposed transaction in the beverage industry. Analysis included retrospective merger analysis and empirical analysis of other natural experiments.