Overview

Prateek Shah is a Director in The Claro Group’s Austin office. He is the Co-Leader of Claro Academics, a practice that specializes assisting clients with locating academic or professional affiliates with expertise most relevant to their case. Unlike other expert search firms, Mr. Shah is committed to serving clients by supporting affiliates from the time they are retained through trial to ensure reliable, defensible and well communicated opinions.

Mr. Shah has significant experience managing large consulting engagements for Fortune 500 companies, government agencies and law firms on engagements that span a wide range of industries, including banking, finance, energy, high tech, and retail. The issues in these cases involve securities, valuation, bankruptcy, intellectual property and antitrust matters. As an expert testifier, Mr. Shah specializes in commercial damages and lost profit calculations.

Experience +

Lumber V

Supported Dr. Ken Hendricks in developing opinions in largest ongoing trade dispute between the U.S.A. and Canada. The Claro Group was retained to help evaluate claims of an economic subsidy allegedly provided by Ontario’s provincial government to lumber producers via subsidized stumpage rates in upstream timber markets. Analysis included assessing the prevailing market conditions, assessing the impact of Crown timber on the private softwood timber market and assessing the competitiveness of private timber market prices.

MBS and Risk Management

Supported Dr. Michael LaCour-Little in multiple engagements involving the evaluation of the risk management policies and procedures in the mortgage banking business. Mr. Shah has also been involved in cases involving the valuation of securitized products.

SEC v. Mozillo, et al.

Evaluated the market efficiency of the stock of a mortgage lender on behalf of the Securities and Exchange Commission (SEC), and quantified the artificial inflation of the stock price and the improper gains made by executives trading based on inside information. Case was settled for the largest penalty ever paid by a senior executive of a public company in an SEC settlement.

Lehman Brothers v. Barclays

Supported Dr. Paul Pfleiderer, who was retained by Boies Schiller & Flexner, in a trial related to 2008 bankruptcy of Lehman Brothers (Lehman) and the resulting $45 billion acquisition by defendant Barclays of Lehman’s North American broker dealer business. Analysis focused on defending a $5 billion damages component sought by plaintiffs involving the fair value of certain repo assets that including mortgage backed securities, auction rate securities, collateralized loan obligations and other securitized assets. Of $5 billion valuation damages sought by plaintiffs, $0 damages were awarded.

TinicumCapital Partners II, L.P., et al v. Liberman Broadcasting, Inc. et al

The Claro Group was retained by Latham and Watkins in this valuation dispute in the Court of Chancery of the State of Delaware. The plaintiff’s suit against Claro’s client, Liberman Broadcasting, Inc. et al, was related to the 2016 FCC Incentive Spectrum Auction. Claro Managing Director, Jeff Andrien, issued an expert report and testified at deposition about the expected value to Liberman Broadcasting, Inc. of engaging in the FCC Auction under different participatory strategies.

Linda Suchanek, et al v. Sturm Foods Inc., and Treehouse Foods, Inc.

The Claro Group was retained by attorneys from Foley and Lardner on behalf of the defendants, to evaluate the plaintiff’s damages claim in a class action lawsuit alleging false advertising under the Lanham Act. Claro Managing Director, Jeff Andrien testified in a written report and at deposition that the plaintiff’s claimed “full refund” damages were inappropriate and overstated. Mr. Andrien also conducted an affirmative analysis to demonstrate that consumers were not overcharged.

Valuation

Mr. Shah has extensive experience valuing a diverse group of businesses and assets in a variety of contexts including bankruptcy, minority shareholder disputes, and estate tax disputes. Examples of companies/assets valued include:

  • a regulated energy pipeline;
  • oil and gas exploration and production companies;
  • a portfolio of oil and gas derivatives;
  • a hotel;
  • a herd of full-blood, Japanese cattle;
  • a closely held family limited partnership; and
  • an investment advisory company.
Education +

B. A., Economics, The University of Texas at Austin, 2003

B.B.A., Accounting, The University of Texas at Austin, 2003

M.P.A., Accounting, The University of Texas at Austin, 2003

Memberships +

American Intellectual Property Law Association

Austin Intellectual Property Law Association

Publications & Speaking Engagements+

Extraterritoriality And The Lanham Act (with Katharine Wagner), Today’s General Counsel, May 2017

As Class-Action MBS Litigation Against Underwriters, Issuers Declines, MBS Investors Seek Recoveries from Alternate Sources (with Jimmy Du), Claro Newsletter, Winter 2016

The Evolution of Trademark Litigation Related to Keyword Searches (with Jeff Andrien and Doug Heady), Claro Newsletter, Spring 2015.

The $1.5 Billion Patent Fight: The CAFC’s Decision Regarding Extraterritorial Sales, (with David Harkavy), Claro Newsletter, Summer 2015.

“The Four Stages of Lead Partner Relationship Development” (with Chris Paskach and Jeff Andrien), Claro Newsletter, Summer 2015.

Watch Your Swaps and Derivatives Termination Payments, Law360 (June 10, 2013)

Introduction to Interest Rate Swaps and Their Termination Under the 1992 Master Agreement, FSG Insights 2012 Summer Issue (2012)

The State of New York vs. Ernst & Young: Putting Lehman’s Accounting for “Repo 105” Transactions on Trial (with Terry Lloyd), Basics of Accounting for Lawyers (2012 edition), Practicing Law Institute

Understanding Financial Statements, 2009 CLE Program, Austin Young Lawyers Association, Austin, TX

Understanding Financial Statements, 2009 CLE Program, Fulbright and Jaworski, Austin, TX

Practices +Insights +

Articles & Publications

  • Extraterritoriality and the Lanham Act5/16/2017

    Prateek Shah and Katharine Wagner discuss extraterritoriality and the impact it may have on Lanham Act Litigation. Read the full article in Today's General Counsel.