M&A Settlements in the Delaware Court of Chancery

Erin Trish

Associate Professor,
Department of Pharmaceutical and Health Economics,
Mann School of Pharmacy and Pharmaceutical Sciences,
Co-Director, Leonard D. Schaeffer Center for Health Policy and Economics,
University of Southern California

Erin Trish is an expert in pharmaceutical and healthcare economics. Her research focuses on the intersection of public policy and competition in healthcare and pharmaceutical markets, including Medicare, the No Surprises Act (NSA), the Inflation Reduction Act (IRA), insurer and hospital market concentration, pharmaceutical pricing, and the role of pharmacy benefit managers (PBMs).

Professor Trish has served as an expert witness in multiple life sciences and healthcare matters and has both trial and deposition experience. She has provided expert testimony in arbitration and in litigation involving the False Claims Act, price fixing and market allocation, killer acquisitions, and the 340B drug pricing program.

In addition, Professor Trish has testified before the U.S. Congress and in the California State Assembly, and presented her research at numerous federal agencies, including the Federal Trade Commission (FTC) and the Congressional Budget Office.

In her research focused on the pharmaceutical industry, Professor Trish analyzes market structure, prescription drug expenditures, pharmacy networks, and firms’ financial incentives. She is a leading expert on brand and generic drug markets, PBMs, and the funding and benefit design of Medicare Part D, Medicaid, and commercial prescription drug insurance.

Professor Trish’s healthcare research addresses regulation and policy, market participants, and outcomes. Her expertise includes market concentration and vertical integration, payor-provider bargaining, out-of-network reimbursement for emergency care, commercial insurance, Medicare Advantage, and exchange market functioning.

Professor Trish publishes in leading health policy, health economics, and medical journals. Her work has appeared in the New England Journal of Medicine, Health Affairs, the American Journal of Managed Care, and the Journal of Health Economics, among others. She has won several research awards, notably the Seema S. Sonnad Emerging Leader in Managed Care Research Award, which recognizes early achievements in the field and potential for exceptional long-term contributions.

At USC, Professor Trish teaches executive-level courses in health policy and management at the Marshall School of Business. She also serves as a nonresident fellow in economic studies at the Brookings Institution.

Barbara E. Kahn

Patty and Jay H. Baker Professor,
Professor of Marketing,
The Wharton School,
University of Pennsylvania

Barbara Kahn is an internationally recognized marketing, branding, and retailing expert. Professor Kahn specializes in variety-seeking behavior, brand loyalty and brand management, product assortment and design, price promotions, and consumer and medical patient decision-making, especially in the context of uncertainty or ambiguity.

As an expert witness, Professor Kahn has testified on marketing, branding, and retailing issues arising in antitrust, intellectual property, finance, and securities litigation. She has deposition experience and has provided testimony in federal and state courts.

In her research, Professor Kahn analyzes a range of consumer behavior and marketing strategy issues, with an emphasis on product assortment planning, product perception, customization, and customer relationship management. She examines the psychological impact of product display and variety, as well as how consumers process visual versus verbal information. Professor Kahn studies the influence of emotional reactions and efficacy beliefs on service experiences, including in medical and financial services industries. Her work also explores multichannel retailing environments, applies consumer neuroscience to marketing, and examines the evolving dynamics of healthcare delivery and consumer health behaviors.

Professor Kahn has published dozens of articles in top academic journals. She was associate editor at the Journal of Consumer Research, the Journal of Marketing, and Marketing Science and has served on the editorial boards of all major marketing journals. Professor Kahn speaks frequently at academic and professional conferences and at leading universities and research laboratories.

Professor Kahn is the author or coauthor of multiple books, including Visual Marketing: A Practical Guide, The Shopping Revolution: How Successful Retailers Win Customers in an Era of Endless Disruption Accelerated by COVID-19, Global Brand Power: Leveraging Branding for Long-Term Growth, Advances in Consumer Research, and Grocery Revolution: The New Focus on the Consumer. Her research has also been featured on CNN, CNBC, Forbes, the Hidden Brain podcast, NPR, the New York Times, Politico, Vox, and the Wall Street Journal.

At the Wharton School, Professor Kahn teaches undergraduate, graduate, and executive education courses on visual marketing, strategic brand management, consumer behavior, and statistics. She has been honored multiple times for teaching excellence and received the prestigious David W. Hauck Award for Outstanding Teaching in the Undergraduate Division. In addition, she directed Wharton’s Jay H. Baker Retailing Center and spent four years as vice dean of the undergraduate program.

Previously, Professor Kahn served both as dean and Schein Family Professor of Marketing at the Miami Herbert Business School, University of Miami. Before that, she was a member of the faculty at UCLA Anderson School of Management.

For over a decade, Professor Kahn has held a secondary appointment in the University of Pennsylvania’s Department of Medical Ethics and Health Policy and the Perelman School of Medicine. Her visiting scholar appointments include terms at the University of Tokyo, the University of Sydney, Duke University’s Fuqua School of Business, and New York University’s Stern School of Business.

Jonah Berger

Associate Professor of Marketing,
The Wharton School,
University of Pennsylvania

Jonah Berger is a renowned expert on word of mouth, influence, consumer behavior, and how products, ideas, and behaviors are shared and disseminated.

Professor Berger analyzes the impact of digital and traditional marketing, as well as social media, on consumer behavior and product demand. He specializes in using sophisticated quantitative tools, such as natural language processing and automated content analysis, to gain behavioral insights from textual data. He has also conducted hundreds of surveys in his academic work and has opined on surveys as an expert witness. In Ciccio et al. v. SmileDirectClub LLC et al., for example, he rebutted a survey and analyzed marketing data to demonstrate the need for individualized inquiry. Professor Berger has frequently testified in depositions and at trial.

In his research, Professor Berger assesses how text in online reviews, customer service calls, press releases, marketing communications, and other interactions can be used to gain insights about the impact of marketing. He has also studied what makes certain online content go viral, the effects of negative publicity, and how assortment size influences brand perceptions and choice.

Professor Berger is the author of bestselling books on consumer behavior, including Magic Words: What to Say to Get Your Way (2023); The Catalyst: How to Change Anyone’s Mind (2020); Invisible Influence: The Hidden Forces That Shape Behavior (2016); and Contagious: Why Things Catch On (2013). Amazon cited Contagious among its Best Business Books of the Year.

Professor Berger has published over seventy academic articles, including in leading journals such as the Journal of Marketing and the Journal of Consumer Research. His coauthored article “What Makes Online Content Go Viral?” won Sage’s 2023 10-Year Impact Award, which recognizes articles with lasting influence in the decade since their publication. The Journal of Marketing Research https://group.sagepub.com/press-releases/sages-10-year-impact-awards-recognize-research-with-long-term-influencealso honored this article with its William F. O’Dell Award, for significant, long-term contribution to marketing theory, methodology, and/or practice.

The American Management Association named Professor Berger one of the top thirty leaders in business. He consults to major tech firms, global retailers, and leading nonprofit organizations.

Professor Berger has served on the editorial boards of the Journal of Consumer Research, the Journal of Marketing Research, Marketing Science, and the Journal of Consumer Psychology, among others. The New York Times, Wall Street Journal, and Harvard Business Review often cover his research.

At the Wharton School, Professor Berger has received multiple awards for excellence in research and teaching. He has taught courses on consumer behavior and marketing management, and his online course is one of the most popular in the world.