Across the health care industry, companies are operating within a landscape defined by evolving regulation and increased need for risk management, mitigation, and sharing. Analysis Group has developed a detailed understanding of the health care sector and its unique institutional structure, market dynamics, and business and regulatory challenges.

Focus Areas

·     Litigation Services

·     Health Care Policy

·     Controlled Substance Monitoring & Analytics

Analysis Group has extensive experience analyzing institutional issues and complex economic topics in the insurance industry. Our litigation work has included disputes over coverage, pricing, sales practices, class certification issues, and claims handling and payment. We also have experience across lines of insurance, including life, health, disability, annuities, auto, homeowners, mortgage, title, workers’ compensation, and others.

Many of our projects have involved hundreds of thousands or even millions of individual insureds, requiring us to analyze electronic data involving massive numbers of policies and claims. We have also worked with some of the world’s largest reinsurance organizations on matters involving defending against bad-faith claims in multiple arbitrations.

Focus Areas

·     Claims Handling & Payment

·     Sales Practices & Product Performance

·     Pricing, Coverage & Management Issues

Analysis Group offers expertise in energy, environment, and natural resource economics. Our practice provides power-system and economic modelling, expert testimony in litigation and administrative proceedings, asset valuation, market-design advice, policy analysis, white papers, and strategy support for businesses and other organizations.

Our clients have included electric and natural gas companies, power-system operators, oil producers, energy customers, and state and federal regulators, as well as other government agencies, foundations, Native American tribes, nongovernmental institutions, and law firms engaged in energy and environmental litigation.

Focus Areas

·     Energy & Environment Litigation

·     Energy, Environmental & Climate Policy

·     Infrastructure Valuation, Investment & Siting

·     Utility Ratemaking & Regulation

·     Power-System Market Design & Analysis

·     Mergers & Industry Structure

·     Resource Planning & Management

Analysis Group professionals and academic affiliates have extensive experience in analyzing issues related to the economics of the media, entertainment, and communications industries. We provide clients with litigation support, business planning, and regulatory analysis in this dynamic environment, including in matters related to:

• Traditional and digital content owners
• Cable and satellite television
• Radio and television broadcasting
• Traditional and new media
• Wireline and wireless service
• Internet backbone
• Equipment manufacturing

In assisting clients, we have called upon our knowledge of these industries and our expertise in antitrust and competition, intellectual property, securities, class action, breach of contract, fraud, bankruptcy, commercial disputes, damages, and valuation.

Worldwide and across industries, technology has become an integral component of virtually every company’s business model. This means that companies involved in litigation must often rely on technological expertise to develop their cases and rebut their opponents’. In addition, courts and governing bodies are increasingly considering the relevance of technology-based issues in litigation and regulatory proceedings. Analysis Group has a deep understanding of technologies and the businesses that employ them, and has applied this proficiency in litigation, regulatory, and industry engagements.

Our HEOR, Epidemiology, and Market Access research has impacted healthcare decision-making around the globe. We regularly collaborate with our clients to develop and implement HEOR strategies to support pharmaceutical products throughout their life cycles. Our expertise includes comprehensive research capabilities, defined by cutting-edge methodologies that draw on diverse data sources from US and global markets.

Focus Areas

• Health Economics & Outcomes Research (HEOR)
• Modeling & Analytics
• Epidemiology & Biostatistics
• Market Access & Commercial Strategy

Our consultants and affiliated experts provide consulting and testimony in complex securities litigations, regulatory matters, and other investigations. We are known for the rigor and depth of our analyses and for our ability to bring highly specialized expertise in such areas as securities fraud, investment suitability, structured finance and derivatives, and market microstructure to bear on behalf of our clients. The firm also works in related fields that include accounting, statistics, and valuation.

Focus Areas

• Securities Fraud
• Investment Suitability
• Mutual Funds & Hedge Funds
• Structured Finance & Derivatives
• Market Microstructure
• Financial Services & Banking Practices
• Private Equity & Venture Capital

Analysis Group offers well-designed, thoughtfully analyzed market research and surveys that provide insights in litigation and corporate decision making. We use data from structured, quantitative market research methods and experimental studies – such as conjoint analysis, maximum-difference scaling, and test/control experiments – to isolate factors that may be relevant in the determination of damages in numerous types of litigation, as well as for making pricing and product strategy decisions.

Our carefully designed questionnaires meet the rigorous standards for legal surveys and can stand up to scrutiny in court. We apply sophisticated analyses to survey design and results, and deliver depositions and testimony that can be defended against challenges regarding methodology, validity, subtle biases, and other factors. We can also use the same skills and experience that we bring to the design and implementation of our own survey tools to evaluate and critique surveys utilized by other parties.

We draw on diverse experience in market research and economic analysis, and often on our expertise in epidemiology, biostatistics, data science, and health economics outcomes research as well. Our experts have published numerous studies related to surveys and experimental studies, including in leading peer-reviewed journals.

Focus Areas

• Application & Uses
• Methods

Analysis Group consultants and affiliates have provided litigation consulting and expert testimony on a variety of topics including the economic evaluation of government regulations in some of the largest international arbitrations to date. Topics include liability and damages analysis, corporate valuation, accounting research, and the valuation of intangible assets. We have worked on behalf of governmental agencies, as well as private corporations in matters before the ICC, ICSID, LCIA, UNCITRAL, and other arbitration institutions.

Our work in this field is varied, and has included disputes involving alleged violations of bilateral investment treaties; expropriation of various types of assets including intellectual property; securities and banking; tax and transfer pricing; competition; and energy. These disputes have involved parties in Asia, Australia, Europe, Middle East, North America, and South America.

Analysis Group provides strategic insights based on rigorous analysis. Our work is supported by appropriate business models to help clients achieve growth and confront changing operating environments. Whether clients are making a long-term decision to enter a new arena or repositioning themselves within an existing segment, we help them gauge where the greatest future value can be captured.

Focus area

·     Modelling & Decision Tools

·     Public Policy & Economic Impact Analysis

·     Analytics

Analysis Group has the multifaceted expertise required to support clients in various matters involving environmental, social, and governance (ESG) practices and reporting in today’s business world. We help clients address issues arising from the movement among investors, officers and directors, shareholders, and regulators to more closely examine the alignment of disclosures and investment strategies with nonfinancial criteria.

Analysis Group’s integrated and complementary expertise encompasses finance and accounting, energy and environmental economics, labor and employment, corporate governance, consumer behavior, and antitrust and mergers. Our economic, academic, and industry experts assess topics related to sustainability, diversity and inclusion, and risk management in regulatory investigations, strategy engagements, and litigation.

Over the last 40 years, Analysis Group has provided expert analytical and consulting support in many high-profile bankruptcies – including Orange County, Adelphia Communications, Calpine, Nortel, and Lehman Brothers – covering a broad range of industries.

Analysis Group’s approach is distinguished by the combination of thought leadership, analytical rigor, and pragmatic experience we bring to assessing the economic and financial issues involved in bankruptcy matters. We work alongside some of the country’s leading authorities in valuing financially distressed firms and in corporate reorganizations. Our experts have authored widely referenced papers and texts on bankruptcy-related topics and have testified in bankruptcy courts. We complement financial analysis with deep industry expertise through our affiliated network of corporate professionals, many of whom are former CEOs, CFOs, and other senior corporate leaders.

Analysis Group combines extensive expertise in technical accounting and financial statement analysis with deep experience in damages calculation, securities litigation, and valuation to address the most challenging accounting-related disputes. We analyze accounting issues in a variety of settings, including in matters involving alleged accounting violations and in commercial litigations such as contract disputes and bankruptcies. Our accounting analyses have been used in Delaware Chancery Court appraisal cases, antitrust matters, bankruptcy analyses, securities and finance cases, and other disputes.

Using state-of-the-art merger analytics, we have evaluated the competitive effects of mergers and acquisitions in many high-profile matters involving airlines, health care, pharmaceuticals, telecommunications, media, supermarkets, and chemicals. Our experts have worked on behalf of clients in front of competition authorities and have also provided economic analyses for agencies including the US Department of Justice, the Federal Trade Commission, and the Federal Communications Commission, as well as the Canadian Competition Authority and other international authorities. We have helped evaluate transactions before various competition authorities in the United States, Canada, Mexico, Latin America, Europe, and Australia.

One of the most pressing challenges companies face today is how to harness the ever-growing expanse of available data to help solve real-world problems. Analysis Group clients benefit from the depth of our quantitative expertise in handling big data, our grasp of how data can help inform critical decision-making processes and our understanding of the technological landscape. Our data science experts apply several statistical approaches and methods, including machine learning, natural language processing (NLP), and data visualization.

We go beyond traditional analytics and focus on extracting knowledge and insights from the data, identifying patterns and generating more accurate and powerful predictive models that help inform client decisions. Regardless of the approach taken, we aim to present our analyses in compelling ways that are easy to understand.

These statistical techniques can be applied in litigation related to antitrust and competition; intellectual property; general causation assessment; and securities, financial products, and institutions; among other areas. They can also support clients in non-litigation contexts, for example in health care analyses, and with market research and survey design and implementation. 

Focus Areas

• Predictive Analytics & Optimization
• Machine Learning
• Natural Language Processing
• Data Visualization, Real-Time Analyses & Interactive Platforms
• Econometric Modeling
• Statistical Sampling

Analysis Group professionals provide strategic insights and expertise across a wide range of labor and employment issues, including class certification, labor market antitrust, discrimination and pay equity, and worker misclassification in litigation matters. Clients also turn to our Labor & Employment experts for support with proactive assessments of their efforts to achieve diversity goals in non-litigation matters.

Focus Areas

• Surveys, Experiments, & Other Primary Data Collection in Labor & Employment Litigation
• Class Certification
• Labor Market Antitrust
• Discrimination & Pay Equity
• Worker Misclassification
• Wage & Hour Litigation

The collection, storage, use, and disclosure of consumer data are hot topics in the legal, regulatory, and legislative communities. In addition to the types of data that may be particularly sensitive and/or targeted by hackers (e.g., credit card information, health data), many organizations collect consumer data to better understand and connect with customers (e.g., demographic information, consumer preferences). However, the ever-changing ways in which data are collected and used present significant challenges with respect to how organizations develop and adhere to their respective privacy policies, and the limitations of customer consent. Moreover, the collection and use of data sets the stage for unauthorized individuals to access information through cyberattacks and misuse that data to harm both the entities that legitimately collect data as well as their customers.

Analysis Group’s experts and consultants draw on their expertise in economics, valuation, accounting, and financial analysis to address the most challenging issues that arise in complex tax disputes.

We have assessed tax liability and exposure related to investments in tangible and intangible assets, and have analyzed complex intracompany pricing and transaction issues, including the form and economic substance of transactions with important tax ramifications. We have also addressed economic substance and business purpose issues in a number of litigation and investigatory matters involving listed transactions. This latter work has been undertaken on behalf of government clients such as the US Department of Justice and Internal Revenue Service, as well as on behalf of taxpayers.

Focus Areas

• Tax-Related Valuation
• Transaction Analysis
• Transfer Pricing

Analysis Group provides companies with a clear understanding of the financial and economic issues often contested in M&A transactions. Today, as more transactions are challenged on multiple fronts, clients draw on our experience in the analysis of issues related to appraisal, activism, hostile bids, governance, and post-merger disputes as well as other corporate transaction concerns.

Focus Areas

• Appraisal
• Hostile Bids & Activism
• Governance & Contract Disputes
• Post-Merger Disputes

Valuation expertise is a core component of much of our work. Analysis Group delivers both technical proficiency and practical experience in assessing the factors that influence values, and we apply a tailored approach to litigation and business strategy engagements for clients across practices and industries.

Our valuation work has ranged enormously: It has included valuing the rights to American Idol in connection with a tender offer, helping determine the value of patents associated with the manufacture of branded snack foods, valuing ownership of a manufacturer of aircraft components, and assessing derivative instruments whose values were tied to the performance of underlying mortgage-backed securities.

Focus Areas

• Financial Instrument Valuation
• Business Enterprise Valuation
• Intellectual Property Valuation
• Valuation of Other Assets