Brendan P. Rogers | Managing Director | FTI Consulting
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Brendan Rogers

Brendan P. Rogers

  • Managing Director
  • Forensic & Litigation Consulting
  • T: +1 212 499 3693
  • F: +1 212 841 9350
Connect with Me:
Office
    • Three Times Square
    • 9th Floor
    • New York, NY, 10036
    • United States
    • T: +1 212 247 1010
    • F: +1 212 841 9350
Education
Associations
Expertise

Brendan Rogers is a Managing Director in FTI Consulting’s Forensic & Litigation Consulting segment and is based in New York. Mr. Rogers specializes in providing economic and statistical analysis to clients involved in complex business disputes. Mr. Rogers has served as an expert witness and testified at arbitration.

For 16 years, Mr. Rogers has provided economic and statistical analysis to attorneys and their clients in more than 150 engagements across a wide range of industries. Mr. Rogers’ work involves health insurance claims analysis, class certification analysis in labor and employment disputes, and economic damages analysis in intellectual property disputes. Prior to joining FTI, Mr. Rogers spent 4 years as an analyst with Analysis Group, Inc.

Mr. Rogers received a Bachelor of Arts in Economics, graduating "magna cum laude" with high honors and distinction, from Kenyon College in 2001. Mr. Rogers received a Master of Business Administration from Georgetown University in 2007.

Professional Experience

Health Insurance Claims Analysis in Contract and Antitrust Disputes
Mr. Rogers has experience in providing economic and statistical analysis to attorneys and their clients involved in high-stakes contract and antitrust disputes with health insurance companies. Mr. Rogers has assisted attorneys in all phases of the litigation cycle, including fact discovery, evaluation of class certification and damages claims, rebuttal of opposing expert’s class certification and damages opinions, settlement analyses, and preparation for expert testimony at deposition or trial. Mr. Rogers has provided analysis on behalf of healthcare providers and health insurance companies.

Class Certification Analysis in Labor and Employment Disputes
Mr. Rogers has experience in providing economic and statistical analysis to attorneys and their clients involved in high-stakes labor and employment disputes including claims of employee mis-classification, unpaid off-the-clock time, unpaid overtime, missed meal periods and rest breaks, improper tip pooling, and improper mileage reimbursement. Mr. Rogers has assisted attorneys in all phases of the litigation cycle, including fact discovery, evaluation of class certification and damages claims, rebuttal of opposing expert’s class certification and damages opinions, rebuttal of opposing expert’s use of sampling and surveys, settlement analyses, and preparation for expert testimony at deposition or trial. Industries analyzed include: insurance, media, transportation, retail and consumer products, and restaurants.

Economic Damages Analysis in Intellectual Property Disputes
Mr. Rogers has experience in providing economic analysis to attorneys and their clients involved in high-stakes intellectual property disputes. Mr. Rogers has assisted attorneys in all phases of the litigation cycle, including fact discovery, evaluation of damages claims, rebuttal of opposing expert’s damages opinions, settlement analyses, and preparation for expert testimony at deposition or trial.

  • Patent Infringement Damages: Mr. Rogers has experience evaluating lost profits and reasonable royalty damages claims using the Panduit test and Georgia-Pacific damages framework, respectively. Industries analyzed include: telecom, media, and technology, retail and consumer products, aerospace and defense, and healthcare and life sciences.
  • Trademark Infringement Damages: Mr. Rogers has experience evaluating claims of defendant’s unjust enrichment under a theory of Lanham Act damages. Industries analyzed include: telecom, media, and technology.
  • Trade Secret Misappropriation Damages: Mr. Rogers has experience evaluating lost profits, reasonable royalty, and defendant’s unjust enrichment damages claims. Industries analyzed include: aerospace and defense, and retail and consumer products.

Publications

Herrington, R.N. and Rogers, B.P., “Shock and Awe: The Increasing Popularity and Intrinsic Value of an ITC Investigation,” IP Litigator, Volume 16 (No. 1), January/February 2010, pp. 8-13.

Herrington, R.N. and Rogers, B.P., “Role of Financial Experts in ITC Section 337 Investigations,” in Weil, Roman L., Frank, Lentz, Daniel G., and Evans, Elizabeth A. (Eds.), Litigation Services Handbook: The Role of the Financial Expert (5th edition, 2016 Cumulative Supplement). Hoboken, New Jersey: John Wiley & Sons, Inc.

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