Darwin Neher has over twenty-five 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.
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 Litigation, In 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, GSE bonds, 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.
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.
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.
WWL: Competition Global Leaders and Consulting Experts 2023
WWL: Global Leader Competition—Economists 2022
Students for Fair Admissions Inc. v. University of North Carolina et al.
Cornerstone Research Recognized in GCR 2021 Behavioural Matter of the Year – Americas
2021 Who’s Who Legal: Consulting Experts
Who’s Who Legal: Competition 2021—Economists
Antitrust Impact in Class/Collective Actions
FTC v. Qualcomm
- Students for Fair Admissions Inc. v. University of North Carolina et al.
- FTC v. Qualcomm
- In re Optical Disk Drive Antitrust Litigation
- Collateralized Mortgage Obligations
- In re Flash Memory Antitrust Litigation
- Consulting and Noncompete Contract
- Gender Discrimination
- Race and/or National Origin Discrimination
- Turnaround Specialist Compensation
- Union–Contractor Collusion and Monopolization Between Tech Firms
- State Fund Provider-Payor Disputes