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Prominent trade and industry publications often capture NERA's intellectual leadership across a broad range of topics. Presented below are links to our latest thinking. To view all publicly available NERA publications, visit our website's eLibrary.
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Where Was SOX?

22 December 2008


By Dr. Henry Butler with Professor Larry E. Ribstein, Mildred Van Voorhis Jones Chair in Law at the University of Illinois
Published in Forbes Magazine

In light of President-elect Obama's promise to re-regulate Wall Street, this article addresses the regulatory burden that firms already bear: the Sarbanes-Oxley Act, or SOX.

The Fed's Expanding Playbook: Economists' Views

22 December 2008


By Dr. Elaine Buckberg and Dr. John Montgomery

In response to the credit crisis, the Federal Reserve and US government have so far provided commitments or funds totaling $3.2 trillion in the form of liquidity, guarantees, and asset purchases. This paper discusses current and proposed Federal Reserve policies to combat the credit crisis.

2008 Trends in Securities Class Actions: Annual Filings Are at the Highest Level in Six Years, Driven by the Credit Crisis, While Median Settlement Values Stay Steady

18 December 2008


By Dr. Stephanie Plancich and Svetlana Starykh

The ongoing credit crisis and turmoil in the financial sector have fueled a major surge in securities class action litigation in 2008, according to this newly released edition of NERA's semi-annual study.

The Effectiveness of Mobile Wireless Service as a Competitive Constraint on Landline Pricing: Was the DOJ Wrong?

11 December 2008


By Dr. William E. Taylor and Dr. Harold Ware

In this paper, the authors argue that data on price trends and substitution of wireless for landline services clearly demonstrate that mobile services represent an effective competitive constraint on landline pricing.

Testimony on NIPSCO's Fuel Adjustment Clause Modification

4 December 2008


By Dr. Hethie Parmesano

This testimony, filed on behalf of Northern Indiana Public Service Company, is regarding a fuel adjustment clause modification that will take into account the voltage level of service and time pattern of electricity consumption by customer groups.

Engaging in Cross-Border Power Exchange and Trade via the Arab Gulf States Power Grid

25 November 2008


By Hamish Fraser with Hassan K. Al-Saad
Published in The Electricity Journal

This article provides an overall account of the efforts of the Gulf Cooperation Council nations of the United Arab Emirates to electrically interconnect.

Using Credit Default Swaps to Price Intercompany Loan Guarantees

20 November 2008


By Dr. Harlow Higinbotham and Dr. Stuart Harshbarger

This brief examines approaches used to calculate arm's length intercompany loan guarantee fees for transfer pricing compliance and planning.

The Use of Economic Analysis in Predatory Lending Cases: Application to Subprime Loans

20 November 2008


By Dr. Denise Neumann Martin, Dr. Stephanie Plancich, and Dr. Faten Sabry

In this paper, NERA Senior Vice President Dr. Denise Martin, Senior Consultant Dr. Stephanie Plancich, and Vice President Dr. Faten Sabry review the definition of predatory lending and describe the recent litigation history.

SEC Settlements: A New Era Post-SOX

10 November 2008


By Jan Larsen with Dr. Elaine Buckberg and Dr. Baruch Lev

This new study provides an overview of trends NERA has identified in the number of settlements and settlement values in the six years since the passage of SOX.

Organisation et financement de la recherche et développement dans un contexte intra-groupe (R&D Organization and Financing in an Intra-Group Context)

1 November 2008


By Dr. Emmanuel Llinares and Sébastien Gonnet
Published in Bulletin Crédit Impôt Recherche

In this article, the authors explain how intra-group R&D structuring and financing pose significant consequences for MNEs, not only from tax and transfer pricing angles but also from operational and financial angles.

The Role of Fixed Cost Savings in Merger Analysis

1 November 2008


By Dr. Robert Rubinovitz
Published in the Journal of Competition Law and Economics

This article demonstrates how, when the fixed cost of producing quality decreases, consumer welfare can increase, clearly demonstrating why fixed cost savings should be given more weight in merger analysis.

Transfer Prices Determined by Game Theory: Application to IP

1 November 2008


By Dr. Alexander Voegele, Sébastien Gonnet, and Bastian Gottschling


Published in Tax Planning International Transfer Pricing

This article illustrates the applicability of game theory concepts to the transfer pricing of intellectual property.

A Second Look at Section 2 of the Sherman Act

24 October 2008


Dr. Elizabeth M. Bailey and Dr. Timothy Daniel

In this issue of Antitrust Insights, NERA Senior Vice President Dr. Timothy Daniel and Special Consultant Dr. Elizabeth Bailey examine business practices that are potentially subject to scrutiny under Section 2 of the Sherman Act.

Innocent Until Proven Guilty -- Or Not: An Economic Review of Market Power and Price Fixing Allegations for Text Messaging Services

23 October 2008


By Christian Dippon

Alleged price fixing in mobile text messaging is emerging as the next wave in telecommunications litigation. NERA Vice President Christian Dippon takes a hard look at the economics of this growing issue.

Do Options Backdating Class Actions Settle For Less? -- October 2008 Update

22 October 2008


By Robert Patton, Dr. Branko Jovanovic, and Svetlana Starykh

This paper is an update to our June 2008 publication, Do Options Backdating Class Actions Settle For Less?

Economists' Views: New Playbook for a Financial Crisis

21 October 2008


Edited by Dr. Elaine Buckberg and Dr. Ronald I. Miller

This NERA brief describes the extraordinary sequence of policy developments regarding the Paulson Plan and the Emergency Economic Stabilization Act of 2008.

IQI Reviewed: Comments on Frontier Economics' Paper

21 October 2008


By Graham Shuttleworth

Frontier Economics (FE) wrote a paper that considered the strengths and weaknesses of Ofgem's IQI for capital expenditure projections. In response, EDF Energy asked NERA Director Graham Shuttleworth to review the FE paper.

Shareholder Class Actions and the Counterfactual

13 October 2008


By Dr. Frederick Dunbar and Dr. Arun Sen

This paper shows that counterfactual analysis, a relatively recent trend in the philosophy of causation that is being applied in the social sciences, has a role in understanding causation in shareholder class actions.

Guideline Companies in Valuation: The Economist's View of the Market Approach

13 October 2008


By Dr. David Tabak

This paper examines how a careful approach to the market method can yield more defensible valuations that are also more in line with the Daubert criteria for expert testimony.

The Paulson Proposal: An Update on Economists' Views

10 October 2008


Edited by Dr. Ronald I. Miller and Dr. Elaine Buckberg

This brief provides a description of what is new in the final version of the Paulson Plan and a discussion of some proposals by economists for additional measures that might be taken beyond the present Act.

Purchase-Sale Matching in Securities Litigation: FIFO, LIFO, and Offsets

9 October 2008


By Raymund Wong

In this paper, NERA Senior Consultant Raymund Wong explores the existing legal and theoretical support for the FIFO and LIFO methods, and examines the implications for damages calculations.

 
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