Consumer Protection, Product Liability & Environment

BRG experts and consultants deploy their deep knowledge of economics, marketing, and consumer behavior, alongside sophisticated analytical tools, to help clients resolve complex disputes and challenges.

BRG experts have significant experience providing expert and consulting services on matters related to consumer fraud, product liability, product misrepresentation/mislabeling, product defects, false advertising and deception, disclosure practices, data privacy and data breach, violations of the False Claims Act, toxic torts, and environment and natural resources.

We have worked extensively across numerous industries, including consumer goods and services; e-commerce and retail; fashion, media, and entertainment; healthcare, pharmaceuticals, and medical products; technology; environment and agriculture; building products; chemicals; automotive products; and financial products such as cryptocurrency.

We rely on a broad range of analytical tools and methods. We have expertise in designing and evaluating consumer surveys and experiments; and developing and implementing rigorous, state-of-the-art content analysis of marketing and other messages, including large textual data from social media to assess consumer behavior and decision-making processes. We also have extensive experience in econometric modeling, spatial analysis, and other statistical methods to inform class certification, liability issues, and damages estimation.

In addition to BRG’s in-house expertise, we enjoy close connections with highly credentialed academics and experienced industry and government leaders whom we partner with to uniquely address the needs of every case.

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False Advertising & Consumer Fraud

BRG experts combine a deep understanding of actual market behavior, relevant economic theory, and sound empirical research to advise counsel in consumer protection matters including class action litigation. BRG experts routinely examine issues associated with potential conflicts between class members and claimed impact and damages, and whether proposed class members share common issues suitable for class-wide resolution, including under “benefit-of-the-bargain” and “overpayment” theories of harm. As part of such analyses, we often rely on high- volume microdata reflecting purchases (e.g., price and sales data) and apply rigorous statistical approaches (e.g., regression techniques) where appropriate.

Using empirical tools such as surveys, conjoint analysis, natural experiments, and content analysis, BRG experts also address issues of exposure, perception, and materiality. We address, for example, whether all members of a proposed class were similarly exposed to, or affected by, an alleged misrepresentation and whether proposed class members relied on the statements at issue in making their purchase decisions.

We have also advised counsel on issues related to consumer decision-making and purchase behavior in actions brought by regulatory agencies, including the Federal Trade Commission and state attorneys general, under consumer protection laws related to deceptive business practices including use of dark patterns, auto-renewal, retail-pricing claims, and privacy disclosures.

Select past engagements include:

In a product misrepresentation class action related to a food product, conducted choice experiment of whether a label claim was material to consumers’ purchasing decisions, evaluated opposing expert’s proposed conjoint analysis survey/proposed damages analysis, and evaluated opposing expert’s qualitative liability opinion.
In a product misrepresentation class action, assessed economic impacts from recycling labeling and alleged omissions regarding consumer products.
In a class action against an auto manufacturer related to allegations that consumers were misled by a label attached to certain utility terrain vehicles, performed content analyses of manufacturer marketing and advertising materials, blogs, and social media.
Performed regression and impact analysis related to damages due to alleged harmful effects from prescription opioid marketing and distribution practices.
Addressed allegations that consumers were misled and deceived due to the employment of “dark patterns” in government investigations into technology firms’ enrollment and cancellation processes of their subscription programs.
Assessed class certification issues related to higher education tuition and fee refunds arising from COVID-19 measures.

Data Protection, Breach & Privacy

BRG experts and consultants analyze class certification issues and assess damages related to allegations of data breach, unauthorized access to private information, and misuse of personally identifiable (PI) data and protected health information (PHI). As part of that analysis, BRG experts and staff assess issues of economic value of data, causality between the allegation and purported harm, and assessment of common evidence to quantify this purported harm on a class-wide basis.

BRG also leverages its credentialed experts (e.g., MIST, CISSP, CISA, CDPSE, QSA, PCIP) to analyze, opine on, and testify on technical incident response issues in these matters. Specifically, these experts (1) evaluate the implementation of cybersecurity controls to protect the confidentiality, integrity, and availability of information and compare against industry standards; (2) assess compliance with international privacy regulations; (3) address issues related to methods of attack, data exfiltration, and vulnerability exploitation; and (4) discuss topics related to online marketplaces for stolen data (i.e., Dark Web), misuse of stolen data, and methods of mitigations. These experts can also conduct a privileged parallel review of the response to the attack by the company and its forensic vendors.

Select past engagements include:

Class action against a health insurance provider regarding a data breach exposing healthcare and other personally identifying data
Class actions against financial institutions regarding data breach incidents
Class action against a technology company regarding its collection and use of personal information, including users’ geolocation data
Government action against a healthcare provider regarding a security vulnerability in its electronic health record (EHR) software

Product Liability & Mass Torts

BRG experts have worked on a broad range of matters relating to alleged product defects and failure to warn, including in the context of mass torts. We specialize in the assessment of causation and liability and quantification of damages; as well as analysis of harms across large populations, including economic losses, property damage, loss of use, enhanced risk, and personal injury. We also have experience in the valuation of aggregate contingent liabilities in bankruptcy and related proceedings.

Our expertise spans a comprehensive range of analytical tools, tailored to the unique demands of each case. We conduct thorough market analyses to understand product reach and the economic impacts of alleged product defects, develop econometric models to identify causal links between product use or exposure and claimed damages, and estimate aggregate damages using robust statistical techniques and large datasets. In the context of widespread and long-lived toxic exposures, we produce long-term forecasts to assess defense liability for long-tail claims, simulate disease incidence based on epidemiological models, and develop appropriate benchmarks. We have also conducted statistical analyses of the impact of events and trends on claims values and patterns.

We combine these tools with our deep understanding of consumer and market behavior using conjoint and survey analysis and discrete choice experiments to ensure that our analyses account for all relevant facts surrounding a product’s design, manufacture, marketing, and use.

Select past engagements include:

Evaluated conjoint survey and pricing analyses put forward by opposing experts, which attempted to measure “overpayment” and “benefit-of-the- bargain” damages in product defect and misrepresentations and omissions disputes
Estimated exposure to an environmental contaminant through outdoor recreation surveys
Estimated the value of personal injury liabilities resulting from exposure to a toxic substance for purposes of a solvency analysis
Developed a simulation model and related Monte Carlo model of projected liabilities and their probability distributions of an allegedly defective set of medical devices
Conducted analysis of environmental and health costs and benefits from methyl tert-butyl ether (MTBE) using a retrospective cost-benefit framework for various points in time
Calculated past and future liabilities associated with asbestos and talc exposures

Environment & Natural Resources

BRG experts and consultants have deep expertise in environmental and natural resource economics and provide rigorous, data-driven analysis to support clients in complex litigation, regulatory and administrative proceedings, and decision-making. With decades of experience working alongside legal and multidisciplinary expert teams, BRG specializes in quantifying and valuing economic damages, assessing economic impacts of regulatory changes, and evaluating costs and benefits of environmental activities and natural resource use.

We have worked on matters involving contamination of groundwater and surface water, air quality, climate change, land use, public health impacts, property value diminution, loss of use, endangered species, civil penalties, and valuation of environmental liabilities, among others. We have assessed consumers’ exposure to, understanding of, and reliance on environmental messaging; and the impacts of messaging on product sales, including in matters involving greenwashing and climate-washing allegations.

We rely on a suite of sophisticated methods to answer challenging questions. Our experts develop tailored econometric models to provide evidence of liability and estimate the magnitude of damages. We have expertise in various approaches to market-based and non-market valuation. We combine foundational statistical techniques with spatial analysis and survey methods to address unique challenges in environmental matters. We specialize in the valuation of impacts on public health that can result from toxic exposures. We also have experience in benefits transfer and benchmarking approaches to provide defensible damages estimates in short timeframes to assist in settlement and mediation, and at scale where large portfolios of sites are at issue.

Select past engagements include:

Estimated health impacts and welfare losses, using a range of statistical methods, resulting from PFAS (per- and polyfluoroalkyl substance) contamination of drinking water and recreational resources
Assessed costs of municipal and agricultural water conservation, in comparison with estimates of ecological benefits, in an interstate water allocation dispute
Estimated overall value of environmental liabilities associated with a portfolio of legacy natural resource extraction and processing sites for a bankruptcy-related proceeding
Conducted a hedonic analysis of the impacts of flooding on rural property values
Estimated unjust enrichment and economic benefits of avoided pollution abatement costs to inform penalty assessment
Evaluated role and assessed impact of marketing on consumer behavior and gasoline sales in climate change litigation

Consumer Protection, Product Liability & Environment

Discover How We Can Help

False Advertising & Consumer Fraud

Data Protection, Breach & Privacy

Product Liability & Mass Torts

Environment & Natural Resources

Key Contacts

Ceren Canal Aruoba

Neal Brody

Robin Cantor

Paul Diver

Shireen Meer

Kristina Shampanier

David Sunding

Gina Waterfield

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