Eduardo Hurtado analyzes economic, financial, and statistical issues arising in litigation involving consumer-facing products and services. Mr. Hurtado focuses on allegations of false advertising, as well as data privacy, intellectual property, tax controversy, and general damages matters. He addresses economic issues in class actions, including class certification, liability, and damages. He has expertise in applied statistical analyses as well as survey analyses, including conjoint surveys. Mr. Hurtado has consulted on high-profile matters involving the technology industry, with additional experience related to automobiles, consumer finance, and healthcare. He has also consulted on pro bono matters.
False advertising and consumer fraud
Mr. Hurtado has worked on matters involving allegations of false claims, consumer fraud, product liability, product misrepresentation, product defects, and false and deceptive advertising. His expertise includes advanced methods for calculating damages due to alleged misrepresentations, including conjoint analysis, contingent valuation, hedonic regression, and purchase intention surveys. He has also performed content analysis of news articles using advanced machine learning (ML) methods.
Data privacy and data breach
Mr. Hurtado has worked on data privacy and data breach litigation involving class certification issues, consumer expectation surveys, and damages estimation methodologies. He has also analyzed the drivers of settlement amounts in data breach and data privacy class actions.
Mr. Hurtado has consulted on prominent patent litigation matters in which he has conducted damages analyses based on survey, accounting, and financial data. In addition, he has designed and conducted complex surveys for the valuation of patents and product features, including likelihood of confusion surveys.
In contaminated site matters, Mr. Hurtado has conducted hedonic pricing analysis of residential property prices and rebutted proposed models for estimating homeowner damages in class action settings. He has also analyzed economic issues in connection to PFAS (per- and polyfluoroalkyl substances, or “forever chemicals”) litigation.
Mr. Hurtado has consulted on transfer pricing matters involving the value of intellectual property assets and the allocation of profits across subsidiaries of a multinational company.
Breach of contract and general damages
In several high-profile cases, Mr. Hurtado has addressed the quantification of economic damages to large and small businesses. He has conducted discounted cash flow (DCF) valuations and statistical analyses of business losses in a variety of matters, whether involving a single business or several hundred.
In a pre-litigation pro bono engagement, Mr. Hurtado provided economic and statistical analysis of publicly available data on voting patterns and wait times in a U.S. state’s 2020 primary election. He also helped to identify additional resources needed for the 2020 general election.
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