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Dr. Buckberg provides consulting services and testimony in litigation and regulatory disputes in finance, complex commercial litigation, and bankruptcy and advises parties in public-private partnerships for infrastructure investment.

Her experience spans civil, regulatory, and criminal issues in the United States and Europe and includes testimony in federal and state court and in arbitrations.

Dr. Buckberg has assisted clients in responding to regulatory rulemakings and consulted on regulatory and internal investigations. Her recent expert and consulting work has focused on hedge funds, valuation of complex derivatives, securities class actions, and foreign exchange trading.

Prior to joining Brattle, Dr. Buckberg served as deputy assistant secretary for policy coordination at the U.S. Treasury Department’s Office of Economic Policy. In this role, she advised the Treasury Secretary and senior staff on policy issues including financial regulatory reform, housing finance, infrastructure, anti-money laundering (AML), virtual currency, and economic policy options for Puerto Rico. Dr. Buckberg led teams in the development and economic analysis of the qualified financial contract, fiduciary duty, and customer due diligence rules. She also played a major role in initiating and executing President Obama’s Build America Investment Initiative on infrastructure, including authoring two white papers on public-private partnerships.

Before her government service, Dr. Buckberg was a senior vice president at NERA Economic Consulting, a vice president at Morgan Stanley, an economist at the International Monetary Fund, and a lecturer at Georgetown University School of Business. She holds a Ph.D. in Economics from MIT and an undergraduate degree from Yale University. Dr. Buckberg is fluent in Spanish and French.

Representative Engagements
Finance Regulatory and Internal Investigations
Directed engagement analyzing a hedge fund's losses due to investments in structured products, including subprime mortgages.
Finance Regulatory Policy
Report on effects of proposed SEC Rule 14a-11 on efficiency, competitiveness and capital Formation (co-authored with Jonathan Macey), on proxy access and in support of comments by Business Roundtable. Report was cited in the D.C. Circuit Court’s Business Roundtable decision.
Banking
Directed an engagement on economic policies in a European banking crisis during the fall of 2008, working with two leading academics.
Derivatives/Bankruptcy
Directed engagement to assist a large derivative dealer in filing and valuing ISDA claims on thousands of positions facing against a large defaulted counterparty.
Securities Class Action
Directed numerous engagements involving securities class actions, including cross-border cases. Estimated damages and predicted settlement values; analyzed the legitimacy of plaintiff claims of fraud; and performed analyses of class certification, liability, materiality, and affected trading volume.
Testimony
Testimony, Deposition and Expert Report, In re: Vitro, S.A.B. de C.V., United States Bankruptcy Court for the Northern District of Texas, Dallas Division, on analysis of economic and competitive effects of the US Bankruptcy Court failing to enforce contractual provisions on a Mexican firm’s bonds.
2012
Testimony, Deposition, Report and Rebuttal Report (reports co-authored with Thomas McCarthy) in State of New Hampshire Superior Court in The Foundation for Seacoast Health vs. Hospital Corporation of America, et al., on valuation and damages.
2011
Report and testimony in the arbitration between Aris Multi-Strategy Fund, L.P. vs. Quantek Opportunity Fund, L.P., Quantek Asset Management LLC, and Javier Guerra, regarding market conditions during the Fall 2008 financial crisis and hedge fund performance.
2011
Publications
Article
Proposal to Remedy Horizontal Shareholding is Flawed
July 18, 2017
Published in Law360
This article evaluates a proposed remedy that would allow investors to hold shares in one company in a concentrated industry, or limit their shareholdings to no more than one percent of the industry.
Article
Why Tax Credit Bonds Should Be a Key Part of Any Federal Infrastructure Policy Initiative
May 03, 2017
Elaine Buckberg and David Seltzer
Published in Public Works Financing
Dr. Buckberg reviews the benefits of using tax credit bonds as a debt instrument, and why they should be a key component in new federal infrastructure policy initiatives.
Article
Trump’s infrastructure tax credits—Lasting legacy or private sector giveaway?
February 23, 2017
Published in Bloomberg Government
Elaine Buckberg poses some critical questions to help assess whether the Trump tax credits will leave a legacy of economically important projects or subsidize private investments with little public benefit.
News & Events
October 31, 2017
Elaine Buckberg Appointed as Vice Chair of the ABA's Privatization, Outsourcing, and Financing Committee

Brattle Principal Elaine Buckberg has been appointed as Vice Chair of the American Bar Association’s Privatization, Outsourcing, and Financing Committee, part of the Public Contract Law Section.

September 12, 2017
Brattle Principals Elaine Buckberg and Chris Laursen to Present on Core Principles for Financial Regulation

Speakers from The Brattle Group and Morrison & Foerster LLP will present during a seminar on “Core Principles for Financial Regulation,” on September 12, 2017 from 8:30 - 10:00 AM EST.

July 18, 2017
Brattle Economists Author Law360 Article on Proposed Remedies to Horizontal Shareholding

Brattle economists Elaine Buckberg, Steven Herscovici, James Reitzes, and Branko Jovanovic have authored a Law360 article addressing claims from recent studies that competition is adversely affected when “institutional investors hold significant shares in multiple firms within a ‘concentrated’ industry.”

June 12, 2017
Elaine Buckberg to Discuss Regulation and Policy Developments at Private Infrastructure Forum

Brattle Principal Elaine Buckberg will present at the Long-term Infrastructure Investors Association’s (LTIIA) Private Infrastructure Forum, taking place June 12, 2017 in New York, NY.

May 03, 2017
Elaine Buckberg Co-Authors Article in Public Works Financing Infrastructure Policy Issue

Brattle Principal Elaine Buckberg recently co-authored an article in the Infrastructure Policy Issue of Public Works Financing, which presents a short-list of federal infrastructure financing policy options.

April 28, 2017
Elaine Buckberg to Present at ABA’s State and Local Procurement Symposium

Brattle Principal Elaine Buckberg will present at the American Bar Association’s (ABA) 12th Annual State and Local Procurement Symposium, taking place April 27-28, 2017 in St. Louis, MO.

February 23, 2017
Brattle Principal Elaine Buckberg Authors Op-Ed: "Trump’s Infrastructure Tax Credits—Lasting Legacy or Private Sector Giveaway?"

In his inaugural address, President Trump committed to “transform America’s crumbling infrastructure.” But his infrastructure plan, which would provide significant tax credits to companies that invest in the country’s infrastructure, provides few details.

October 19, 2016
Elaine Buckberg to Present on the Benefits of ESG in Risk Management at the LTIAA Annual Meeting

Brattle Principal Elaine Buckberg will present during the Long-term Infrastructure Investors Association (LTIIA) Third Annual Meeting, taking place October 19-20, 2016 in Frankfurt, Germany.

October 03, 2016
Finance Expert Elaine Buckberg Joins The Brattle Group From U.S. Treasury Department

The Brattle Group announced today that finance expert Dr. Elaine Buckberg has joined the firm’s Washington, DC office as a principal.

Personal Interests

Elaine lives in Washington, DC with her husband Tim and their cocker spaniel. She enjoys spending time outside, swimming, riding horses, and entertaining friends and family.