Technology and data are changing the way firms conduct business and interact with customers and employees. These changes have important implications for legal issues related to employment and discrimination. Regulatory authorities and policy makers have also increased their scrutiny of labor market antitrust issues. High-stakes discrimination, employment, and labor antitrust cases require rigorous economic analysis to address complex economic issues. Cornerstone Research works with clients at all stages of the litigation process, combining cutting-edge statistical techniques with decades of experience.

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We examine every case to identify the most effective expert witnesses.

We examine every case to identify the most effective expert witnesses.

Kathryn L. Shaw

Ernest C. Arbuckle Professor of Economics,
Stanford Graduate School of Business;
Senior Fellow, Stanford Institute for Economic Policy Research (SIEPR),
Stanford University

Kathryn Shaw is a nationally recognized expert on labor economics who addresses human resource management, wages, and discrimination issues. She has been retained in high-profile labor matters and has expertise in class certification issues.

Professor Shaw is the incoming president of the Society of Labor Economists, to serve from 2022 through 2025 (first as the President-elect). She is known for having co-developed the research field of “insider econometrics,” which uses internal (or “inside”) company data to analyze how practices such as teamwork and incentive pay affect performance.

In her recent research, Professor Shaw has worked on artificial intelligence (AI) topics, including how the performance of firms improves with uses of AI. She has also analyzed talent management in the software and other knowledge-intensive industries. Her new research papers are focused on different aspects of successful entrepreneurship.

Professor Shaw’s research has been published in the American Economic Review, the Quarterly Journal of Economics, the Journal of Labor Economics, and the Journal of Economics and Management Strategy. She was associate editor of the Journal of Labor Economics and the Review of Economics and Statistics, and editor of IZA World of Labor. Professor Shaw is a research associate at the National Bureau of Economic Research (NBER), where she coheads the Personnel Economics working group.

Professor Shaw has been honored with multiple awards for excellence in teaching. She teaches courses on personnel economics, people management and organizational strategy, and the impact of AI on productivity.

Before joining the faculty at Stanford, Professor Shaw was the Ford Distinguished Research Chair and Professor of Economics at Carnegie Mellon’s Tepper School of Business. She has also held visiting academic appointments at University College London, the MIT Sloan School of Management, and the University of Paris.

Earlier in her career, Professor Shaw served as a Senate-confirmed member of the U.S. President’s Council of Economic Advisers in the Clinton administration, and as visiting economist to the Board of Governors at the Federal Reserve.

 

We examine every case to identify the most effective expert witnesses.

Margaret S. Stockdale

Professor of Psychology,
Purdue School of Science,
Indiana University–Purdue University Indianapolis (IUPUI)

Margaret “Peggy” Stockdale is an expert on employment discrimination. An industrial and organizational (I/O) psychologist with more than twenty-five years of experience, Professor Stockdale addresses a range of issues related to gender, race, and age discrimination; sexual harassment; organizational culture; and retaliatory behavior. She has testified in multiple employment discrimination matters, including class actions. Professor Stockdale directs the Women in Work Laboratory (WoW Lab), which conducts and disseminates research on gender issues in the workplace.

Professor Stockdale has broad expertise in human resources and organizational psychology research and methodologies. Her work covers subjects that include job analysis, personnel selection, promotion, compensation, turnover, workplace diversity, leadership, and social issues in the workplace.

Professor Stockdale has coauthored or coedited five books, including The Psychology and Management of Workplace Diversity and Sex Discrimination in the WorkplaceMultidisciplinary Perspectives. She has contributed book chapters and published peer-reviewed articles on sex discrimination, sexual harassment, occupational and job segregation, and workplace policy, among other topics. She has served on the editorial boards of several academic and professional journals.

At IUPUI, Professor Stockdale teaches undergraduate and graduate courses on workplace diversity, I/O psychology, and social science research methods.

Professor Stockdale is a fellow at the Society for Industrial and Organizational Psychology, the Society for the Psychological Study of Social Issues, and the American Psychological Association.

We examine every case to identify the most effective expert witnesses.

Paul Oyer

The Mary and Rankine Van Anda Entrepreneurial Professor and Professor of Economics,
Stanford Graduate School of Business;
Senior Fellow, Stanford Institute for Economic Policy Research;
Stanford University

Paul Oyer is an authority on empirical labor economics. He focuses on labor and human resources issues, the economics of organizations, incentives, and matching (or two-sided) markets. Professor Oyer has been retained as an expert witness in a variety of matters related to labor economics and compensation, such as performance-based pay systems, overtime pay, alleged discrimination, the effects of “non-compete” agreements, class actions, and lost wages.

Professor Oyer analyzes career dynamics of highly skilled workers in competitive labor markets. Focusing particularly on legal and software engineering professionals, he assesses recruitment and employee incentive systems, including stock option programs. Recently, using data from the global freelancing platform UpWork, Professor Oyer wrote a report about the impact of the “gig” economy on flexible work arrangements and on improved “matching” between firms and workers. He teaches these concepts to MBA students at Stanford Graduate School of Business.

Professor Oyer is a research associate with the National Bureau of Economic Research. He serves as the editor-in-chief of the Journal of Labor Economics and is the author or coauthor of two books. His articles have appeared in numerous journals, including the Journal of Finance, Research in Labor Economics, and the Journal of Financial Economics.

Professor Oyer began his career in management consulting and has also worked in the high-tech industry.

We examine every case to identify the most effective expert witnesses.

Justin McCrary

Paul J. Evanson Professor of Law,
Columbia Law School;
Senior Advisor, Cornerstone Research

Justin McCrary is an expert on statistical methods and economic modeling at the intersection of law and economics. Professor McCrary has testified on issues related to class certification, antitrust, labor, and statistics. His experience covers a range of industries and markets, including healthcare, life sciences, labor, telecommunications, high tech, and retail.

Class certification

Professor McCrary provided testimony in two seminal no-poach litigation matters involving the McDonald’s and Jimmy John’s franchises. In both matters, he analyzed the potential procompetitive benefits of the challenged clauses and opined on issues of class certification. Class certification was denied in both cases, with both U.S. district court judges relying on Professor McCrary’s analyses in their opinions.

Professor McCrary has testified on class certification issues in a high-profile gender discrimination case focused on pay and promotion outcomes at a large U.S. retailer. He has also filed reports on class certification issues in false advertising, product liability, and breach of contract matters.

Antitrust

Professor McCrary has extensive experience as an expert in antitrust cases. In a significant matter in a high-tech industry, he addressed allegations of conspiracy to fix prices, as well as analyzed and rebutted an opposing expert’s damages model. He has analyzed damages resulting from alleged collusion among pharmacies in South America. In AT&T’s acquisition of T-Mobile, Professor McCrary served as a consulting expert for the U.S. Department of Justice.

Statistical methods and analysis

An authority on high-performance computing and statistical techniques, Professor McCrary has testified at deposition on sampling, probability theory, and statistical methods. His experience includes multiple mortgage-backed securities and insider trading matters. He has also examined the statistical evidence for alleged overbilling of Medicare by healthcare providers in both government audit and False Claim Act matters.

Research and teaching

Professor McCrary has published research on econometric methods for measuring damages in antitrust litigation. In addition, his scholarship covers a wide range of topics, including employment discrimination, high-frequency trading, financial market structure, and monetary policy. A prolific author and co-author, his work has appeared in leading journals, including the American Economic Review, the Journal of Econometrics, and the Review of Economics and Statistics. Professor McCrary is a faculty research associate at the National Bureau of Economic Research.

Prior to joining Columbia University, Professor McCrary taught at the School of Law at the University of California, Berkeley. He is the founding director of the UC Berkeley Social Sciences Data Laboratory, or “D-Lab,” which focuses on emerging big data techniques in social science research.

Labor, Discrimination, and Algorithmic Bias Capabilities

Discrimination cases—whether in hiring, compensation, promotion, or other selective processes like college admissions—typically hinge on empirical analyses designed to measure the impact, if any, of the alleged conduct on the relevant protected group. Our staff and experts are well-versed in the statistical and econometric techniques used to evaluate alleged discrimination in a variety of contexts, including promotion and pay, pre-litigation consulting on pay equity issues, and the use of race in college admissions and employment decisions.

The widespread use of big data and algorithmic decision-making raises new concerns about bias and discrimination in many business contexts, including advertising, consumer finance, employment, and healthcare. Cornerstone Research’s understanding of the economics of discrimination and the science of algorithms and big data provides insightful analyses of algorithmic bias and claims of discrimination.

Regulatory bodies and policy makers are increasingly focused on antitrust concerns in labor markets. We have worked on a variety of high-profile labor antitrust matters in both litigation and regulatory contexts, including no-poach (both vertical and horizontal) and monopsony cartel matters. Through our expert network, we work with leading academics to capture the unique economics of labor markets when assessing allegations of anticompetitive conduct.

A rapidly growing body of litigation focuses on fundamental questions about the nature of employment, including whether workers are independent contractors or employees. Cornerstone Research staff and experts have worked on multiple, complex worker classification matters involving the gig economy and leading tech platforms, as well as more traditional worker classification matters.

Our expertise in class certification is a common thread across high-profile employment matters. Together with academic experts, Cornerstone Research applies rigorous statistical methods to assess whether common impact can be established using common class-wide evidence and methodologies. Our experience spans a variety of labor market contexts, including high-skill professions (such as finance or healthcare), retail and manufacturing, and tech platforms.

Addressing executive compensation issues requires understanding the market for executive talent and the determinants of appropriate compensation, such as performance, risk taking, firm viability, and shareholder rights. Analysis and testimony in these cases may also call for accurate valuation of all components of compensation, including noncash compensation such as stock options or nonmonetary benefits, and an understanding of the incentives inherent in the compensation structure.

We have worked with leading economists to evaluate allegations that firms have violated labor laws. For example, we have determined whether a proposed class of workers falls into a relevant job description and therefore has standing to bring an underlying claim. Compliance cases can include statistical analysis of documents such as time cards and pay checks, survey analysis, or studying the workers’ day-to-day tasks.

Featured Cases

Featured Publications

27 April 2022

Cornerstone Research Staff and Affiliated Experts Submit Comments to the Joint FTC-DOJ Inquiry on Merger Enforcement

The FTC and DOJ launched a joint public inquiry to solicit comments from the public on merger enforcement.

13 January 2021

Understanding the Growing Interest in Labor Market Concentration

The authors discuss how labor concentration issues are being raised in the courts and how economic analysis can inform antitrust inquiry in this La...

16 December 2020

5 Questions with Anja Lambrecht: Digital Advertising, Targeting, and Apparent Bias

A periodic feature by Cornerstone Research, in which our affiliated experts, senior advisors, and professionals talk about their research and findi...

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