Shane Oka consults and provides expert testimony on economic issues arising in commercial litigation, with particular expertise in class certification and damages. Mr. Oka has extensive experience with damages related to intellectual property, consumer finance, alleged breach of contract, and securities class actions.
Intellectual property
Mr. Oka is a leader in Cornerstone Research’s intellectual property practice. He has deep expertise in quantifying patent damages, including lost profits and reasonable royalties, and in damages apportionment. He consults on fair, reasonable, and non-discriminatory (FRAND) and non-FRAND royalty damages in various industries, including consumer products, pharmaceuticals, technology, and telecommunications.
Mr. Oka consults on the economic implications of using copyrighted data to train generative artificial intelligence (AI) tools, focusing on fair use criteria.
In addition, Mr. Oka has extensive experience in trade secrets damages and has supported experts in trademark and copyright damages matters.
Consumer finance
Mr. Oka consults on consumer class and regulatory actions involving consumer financial products. His work focuses on claims of consumer fraud, misrepresentation, and unfair treatment in mortgages, deposit accounts, credit cards, merchant banking, ATMs, and insurance.
In regulatory actions, Mr. Oka consults on allegations related to fair lending, regulatory reporting, and compliance, including issues involving the Bank Secrecy Act (BSA), the Office of Foreign Assets Control (OFAC), and anti-money laundering (AML) laws.
Mr. Oka specializes in the economic aspects of such actions, with an emphasis on class certification and damages. He analyzes lending decisions, underwriting, pricing and rates, fees, modifications, and foreclosures, often working with large proprietary datasets.
Breach of contract
As an expert witness, Mr. Oka has provided testimony on breach of contract issues. He has conducted complex damages modeling and financial forecasting in various industries, including commercial real estate, consumer technology, energy, medical devices, and pharmaceuticals. He also consults with counsel on the economic implications of breaching various forms of commercial relationships (such as buyer/seller, commercial partnerships, and employer/employee), especially where the alleged breach gives rise to unanticipated commercial competition.
Securities litigation
Mr. Oka consults on economic issues related to securities litigation. He has substantial experience in addressing allegations of Rule 10b-5 violations. He has analyzed market efficiency, Comcast, and price impact issues in the class certification context, and evaluated loss causation and damages at the merits stage. Mr. Oka also consults on Section 11 negative causation defenses. He has particular expertise in estimating clients’ damages exposure in connection with securities claims and has supported clients to determine settlement strategies.
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