Darwin V. Neher

Senior Vice President

Contact

  • New York

Education

Darwin Neher has twenty years of experience applying economic and financial analysis to issues arising in complex business litigation and regulatory matters. He has analyzed class certification, liability, and damages in antitrust and competition, consumer fraud and product liability, labor and employment, intellectual property, and securities matters. Dr. Neher’s expertise extends to numerous industries, including those involving consumer financial products, other financial instruments, professional services, and high tech. Who’s Who Legal has recognized Dr. Neher as a leading competition economist.

Class certification

Dr. Neher leads large teams to address class certification issues in antitrust matters. His experience includes multiple high-profile price fixing cases, such as In re Graphics Processing Units Antitrust LitigationIn re Flash Memory Antitrust Litigation, and In re Optical Disk Drive Antitrust Litigation; other antitrust matters such as Stacie Somers v. Apple, Inc.; and recent matters involving financial markets, notably foreign exchange and ISDAfix. In addition, he has consulted on consumer fraud and product liability class actions, including a consumer finance case and a Canadian matter involving automobiles.

Dr. Neher has coauthored multiple articles on the economic analysis of class certification issues, which have been published in Thomson Reuters Practical Law, Class Actions Global Guide 2016/17, the Antitrust Law Journal, and the Economics Committee Newsletter of the Antitrust Section of the ABA.

Antitrust and competition

In addition to analysis of class certification issues, Dr. Neher assesses liability and damages issues in antitrust and competition matters involving allegations of price-fixing, tying, monopolization, and other exclusionary conduct. He has consulted to clients under investigation by the U.S. Department of Justice; drafted a white paper on competitive effects submitted to the U.S. Securities and Exchange Commission; and prepared expert testimony for trial, including in In Re Electronic Books Antitrust Litigation.

Labor and employment

Dr. Neher has significant experience with labor and employment issues, including discrimination and wrongful termination matters. He has consulted on such cases related to financial and professional services, commodities trading, and more recently, on litigation over university admissions policies.

Consumer finance

Dr. Neher has consulted on a variety of matters involving consumer financial products and services, including debit cards, credit cards, checking accounts, insurance, credit reports, and pensions. These have involved antitrust and competition, breach of contract, and disclosure issues.

Other experience

Dr. Neher has conducted valuation and other related analyses in intellectual property, breach of contract, and securities cases in various industries including Internet commerce, consumer products, insurance, energy, financial services, hedge funds, and recorded music. Recently, he analyzed financial trading data in an investigation by the U.S. Commodity Futures Trading Commission.

Prior to joining Cornerstone Research, Dr. Neher served on the faculty of the School of Management at Boston University. His academic research has been published in the Review of Economic Studies and the European Economic Review.

Case

Students for Fair Admission Inc. v. University of North Carolina et al.

Article

Antitrust Impact in Class/Collective Actions

Case

FTC v. Qualcomm

Event

Expert Forum: Competition Collective Actions in Financial Markets

Press Release

Cornerstone Research Announces Promotions to Senior Vice President and Principal

Press Release

2018 Antitrust Writing Awards

Research

Economic Analysis in Class Certification

Case

In re Optical Disk Drive Antitrust Litigation

  • “Correlation and Regression Analysis in Antitrust Class Certification,” Antitrust Law Journal, American Bar Association Section of Antitrust Law, 2011
  • “Pass-Through, Common Impact, and Structural Modeling in Indirect Purchaser Class Certification,” Economic Committee Newsletter, American Bar Association Section of Antitrust Law, Summer 2010