The Genser Group Consulting to Attorneys & Economists in Litigation Joshua G. Genser E-mail: genser@LawEcon.com

ECONOMIC STRATEGIES FOR WINNING LITIGATION

Economists play an increasing role in litigation. Obviously present in antitrust and securities cases, economic issues arise more and more often in consumer fraud, business tort and even civil rights cases. In this era of judicial activism, where decisions are often driven by considerations of public policy, economists may be called upon to testify to the economic consequences of alternative rules of law and interpretations of statutes.

Economists may also be used in novel ways. Many legislative actions and judicial decisions are driven by assumptions about human behavior, assumptions that can be explicit or implicit. Sometimes, issues that appear to be questions of law can be addressed as factual ones by using economists to defend or attack the empirical validity of such assumptions.

Economists and economics, however, can be obtuse and obscure. While a powerful tool, the expert testimony of an economist is worse than useless if it is not completely understood, if its limitations are not entirely appreciated, and if it is not comprehensible by judges and juries. Conversely, damage to the opposing party's case can be profound if that damaging testimony comes from its own economist. Of course, the economist is of no use at all if the expert opinion is not consistent with the constraints of the law, which means that the economist must understand the lawyer, as well.

The Genser Group provides a variety of services for lawyers designed to increase the usefulness of economic testimony, including:

· Identifying economic issues which might enhance your case or threaten it.

· Locating appropriate economists to act as consultants or expert witnesses.

· Translating the legal standards so your economist understands the constraints.

· Interpreting your economist's analysis and opinions so you appreciate their value and limitations.

· Defending your expert's deposition and deposing the adverse experts.

· Assisting in the presentation of the economic or statistical issues at trial.

Joshua Genser has a Master's Degree in Economics from Stanford University and a Juris Doctor from Boalt Hall School of Law at the University of California at Berkeley. Mr. Genser has been a civil litigator since 1983, managing and trying cases in such areas as consumer class actions, civil law enforcement actions brought by Attorneys General, lender liability, business torts, construction defects, real estate, cable television, municipal taxation, rate regulation and property tax. As a member of the California Bar, Mr. Genser can take an active role in depositions and trials, being admitted pro hac vice in order to practice in other jurisdictions. Visit The Genser Group (510) 237-6916