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Dr. Brent Lutes is an economist with broad experience consulting for attorneys and companies involved in complex commercial litigation and regulatory proceedings.

He has extensive experience in intellectual property, commercial damages, and rate regulation matters. Dr. Lutes has consulted on numerous infringement cases involving commercial success, preliminary injunctions, domestic industry analysis for Section 337 inquiries, and damages. Such matters include a number of major biosimilar and biologic market entry matters, consumer products, and telecommunications services.

In the context of commercial damages, Dr. Lutes has consulted on issues involving data security and privacy violations, product liability class actions, and contract disputes. In the context of rate regulation, he regularly submits reports to and appears in front of the Federal Communications Commission on matters related to subsidized telecom services.

Dr. Lutes has further industry experience in the pharmaceutical, consumer product, cryptocurrency, medical device, and transportation sectors. While his interests and skills are diverse, they tend to revolve around the practical application of microeconomic analysis to address real-world (and interesting) problems.

Prior to earning his Ph.D., Dr. Lutes was a member of the U.S. Armed Forces.

Representative Engagements
Healthcare industry data breach

Worked on behalf of the plaintiffs in a matter related to a high-profile breach of healthcare data. Prepared expert reports explaining how to quantify the damages owed to individuals whose personal data was stolen. Pioneered a novel approach to the valuation of privacy by analyzing the extent to which dark web sales of personal data could be used as an objective measure of consumer losses due to breach.

Biosimilar patent infringement allegations

Worked on behalf of a major pharmaceutical firm bringing a biosimilar drug to market in the U.S. Despite the expiration of the compound patents, the reference drug manufacturer claimed that the biosimilar infringed on a number of process patents and sought preliminary injunctive relief in multiple jurisdictions, in addition to damages. The plaintiff’s motions for preliminary injunctions were denied.

Cryptocurrency arbitration

Our client, a departed co-founder of a leading cryptocurrency platform, was prevented from selling his holdings of the platform’s cryptocurrency on third party exchanges (TPEs).   Working on his behalf in an arbitration, Brattle prepared several reports demonstrating that this constraint was unduly limiting, given the growing importance of TPEs in the cryptocurrency’s ecosystem and the vibrancy of the market for that cryptocurrency.

Provision of services for people who are deaf and hard of hearing

Worked for a provider of captioned telephone services for people who are deaf or hard of hearing in a series of regulatory proceedings to determine the appropriate reimbursement rate and rate structure for service providers. Authored three reports and appeared in front of the Federal Communications Commission on multiple occasions.

Cable patent infringement damages

Worked on behalf of the plaintiffs in a matter related to patents for certain cable television and DVR features. Assessed damages related to the alleged infringement by several major telecom providers.

Testimony

Before the Federal Communications Commission: In the Matter of Telecommunications Relay Services and Speech-to-Speech Services for Individuals with Hearing and Speech Disabilities; Docket No. 03-123. Appeared in front of the Consumer and Government Affairs Bureau (CGB) regarding rate regulation, June 2019.

June 2019

Before the Federal Communications Commission: In the Matter of Telecommunications Relay Services and Speech-to-Speech Services for Individuals with Hearing and Speech Disabilities; Structure and Practices of the Video Relay Service Program; Misuse of Internet Protocol (IP) Captioned Telephone Service, CG Docket Nos. 13-24, 10-51, and 03-123. Appeared in front of CGB regarding economic analysis report, April 2019; appeared in front of CGB regarding rate methodology, November 2019; submitted an economic analysis report on behalf of a regulated service provider, March 2019.

March, April, and November 2019

Before the Federal Communications Commission: In the Matter of Misuse of Internet Protocol (IP) Captioned Telephone Service; Telecommunications Relay Services and Speech-to-Speech Services for Individuals with Hearing and Speech Disabilities CG Docket Nos. 13-24, 03-123. Submitted report on behalf of the service provider, August 2017; submitted an economic analysis report on behalf of the service provider, November 2017; Appeared in front of the Interstate Telecommunications Relay Service (iTRS) advisory committee regarding rate regulation, November 2018.

August and November 2017, November 2018
Publications
Report
Economic Considerations of IP CTS Rate Structure and Methodology
March 27, 2019
Prepared for Hamilton Relay, Inc.
Article
Regulatory Intervention in Card Payment Systems: An Analysis of Regulatory Goals and Impact
September 21, 2018
Eliana Garcés and Brent Lutes
Published in Social Science Research Network (SSRN)
Report
Economic Analysis of IP CTS Provision Costs and Rate Setting
November 9, 2017
Prepared for Hamilton Relay
Report
Telecommunications Relay Services for Individuals who are Deaf or Hard of Hearing: Market and Policy Analyses
August 30, 2017
Prepared for Hamilton Relay
Article
The Non-Market Competition for Land-Use
October 25, 2015
Publication
The Economic Concerns of Legislative and Regulatory Governance
2015
Dissertation by Brent Lutes at University of California, Irvine
News & Events