Carlos D. Brain

Principal

Contact

  • Silicon Valley

Education

Carlos Brain applies economic and statistical analytical methods, as well as sophisticated marketing research techniques, to product liability, product misrepresentation, false advertising, breach of contract, and intellectual property matters, among others. Mr. Brain has substantial expertise with advanced statistical and biostatistical techniques. He has consulted on numerous consumer class actions, including at the class certification, liability, and damages stages, and on other types of complex business litigation. Mr. Brain’s experience spans many industries, notably automobiles, food and beverage, pharmaceuticals, healthcare, high tech, and securities.

Consumer class actions

Mr. Brain has worked on prominent consumer class actions involving allegations of false advertising, product misrepresentation, and product defects. In these contexts, he has conducted and critiqued consumer surveys, analyzed market data, performed content analysis on marketing communications, and evaluated damages methodologies. His expertise includes:

  • Assessing heterogeneity and economic harm among the proposed class members in multiple false advertising and product liability consumer class actions
  • Analyzing market data in multiple class actions involving alleged safety defects and excess emissions in automobiles
  • Conducting content analysis and evaluating audience measurement data (e.g., Nielsen ratings) to determine the proposed class members’ exposure to advertising
Surveys

Across a range of legal matters, Mr. Brain has designed, conducted, and analyzed numerous surveys, including:

  • Conducting consumer surveys to assess important purchase factors, information sources, or the materiality of certain product label claims
  • Evaluating the use of conjoint analysis to measure economic harm to a class due to alleged product misrepresentations or omissions
  • Evaluating surveys purporting to measure the effect of alleged defamatory statements
Statistics and biostatistics

Mr. Brain has worked on multiple matters involving complex issues of statistical sampling and analysis, experimental design, hypothesis testing, clinical trial design and analysis, and Monte Carlo methods. His experience includes:

  • Analyzing clinical trial data to assess the safety profiles of branded drugs
  • Conducting meta-analysis on published studies of drug efficacy and safety
  • Addressing statistical sampling, stated income reasonableness, and damages issues in mortgage-backed securities cases
  • Addressing statistical sampling issues in a variety of matters, including those related to the False Claims Act
  • Analyzing Medicaid claims data to assess economic damages arising from the alleged undisclosed side effects of a drug
Professional Affiliations
Case

Alleged Failure to Disclose Drug Safety Issues

Case

Johannessohn et al. v. Polaris Industries Inc.

Case

In re Chrysler-Dodge-Jeep EcoDiesel Marketing, Sales Practices, and Products Liability Litigation

Case

Alleged Unintended Acceleration and Brake Defects in Automobiles

Case

Class Action Involving Food Product Labeling

Case

Move Inc. et al. v. Zillow Inc. et al.

Case

United States of America ex rel. Susan Ruscher et al. v. Omnicare Inc. et al.

Case

Off-Label Marketing

  • “An Alternative Activation of Actavis,” Cornerstone Research, 2016
  • “Evaluating Reverse Payment Settlements after Actavis,” Law360, June 2013
  • “Analytical Tools Used in False Advertising Class Actions,” American Bar Association Section of Antitrust Law, 7 June 2021
  • “Use (and Misuse) of Statistical Sampling in False Claims Act and Private Reimbursement Disputes,” Health Care and Pharmaceuticals Committee, American Bar Association Section of Antitrust Law, 26 June 2017