Oriol Pons-Benaiges

Oriol Pons-Benaiges consults on commercial litigation and regulatory proceedings, with a focus on consumer fraud and product liability, intellectual property, and antitrust and competition. Dr. Pons-Benaiges addresses issues of liability, damages, and class certification in a variety of industries, including automobiles, computer services, food products, online retail, and radio and television broadcasting.

Consumer fraud and product liability

Supporting experts assessing liability, damages, and class certification in matters related to alleged misrepresentations and defects, including Garcia et al. v. Volkswagen et al.; Nemet et al. v. Volkswagen et al.; and Guzman et al. v. Polaris et al. Dr. Pons-Benaiges’s experience includes:

• Designing, conducting, and rebutting surveys to assess consumers’ perceptions, exposure, and reliance, as well as to evaluate the materiality of alleged misrepresentations
• Performing content analyses—based on human review or machine learning (ML)—of marketing materials, social media posts, forum discussions, and public press articles to characterize the sentiment and topics of their text and images
• Rebutting conjoint analyses—either proposed or implemented—that purport to estimate a price premium for a product feature

Intellectual property

Supporting experts in commercial litigation related to alleged patent and trademark infringements, and in regulatory proceedings related to copyright royalty rates and payments. Dr. Pons-Benaiges’s experience includes:

• Conducting econometric analyses of royalty data
• Rebutting surveys that seek to assess consumers’ switching behavior

Antitrust and competition

Supporting experts assessing liability, damages, and class certification in matters related to alleged abuses of market power, including FTC v. Qualcomm; and Oscar Insurance Company of Florida v. Blue Cross and Blue Shield of Florida et al.