Mark A. Gustafson
Education
M.P.P., John F. Kennedy School of Government, Harvard University; B.A., business economics and political science, University of California, Los Angeles
Summary of Experience
Mr. Gustafson applies his expertise in economics, econometrics, and modeling to litigation matters, complex business issues, and the analysis of public policy issues. He has worked extensively in the areas of health care, insurance, employment, ERISA, finance, intellectual property, commercial damages, and class certification.
In his litigation work, Mr. Gustafson has testified at deposition, arbitration, and trial on physician compensation, the reasonable value of medical services, retirement benefits, employment compensation, lost earning capacity, and commercial damages, and he has critiqued plaintiffs’ proposed damages formulas in several class actions. His work with federal agencies includes leading teams in two notable fraud cases: US Department of Justice v. Tenet, which resulted in one of the largest settlements ever paid in a health care fraud case; and US Securities and Exchange Commission v. Yuen, which resulted in one of the largest civil penalties ever assessed in an accounting fraud case.
Mr. Gustafson has worked with clients to perform affirmative pay equity studies and to develop methodologies to address identified disparities. He has explored economic issues associated with a wide range of insurance products, and also has experience in a variety of ERISA matters, including those related to 401(k) defined-contribution plans, health care plans, benefits, and insurance claims. Additionally, he has assembled and analyzed large, proprietary datasets common in pay equity, insurance, and health care engagements. Prior to joining Analysis Group, Mr. Gustafson was the business manager in Tokyo for an international nonprofit.
Provided Expert Testimony
Additional Cases
- Class Action Sales Practices Litigation Surrounding Vanishing Premium Sales
- Class Action v. Horace Mann Life Insurance et al.
- Coba, et al. v. Ford Motor Company
- Colgate Softsoap False Advertising Consumer Class Action
- Confidential Regulatory Matter Involving Alleged Failure to Annuitize Variable Annuities
- ERISA Health Care Litigation Related to Deductibles and Out-of-Pocket Expenses
- George R. Golson v. Provident Life and Accident Insurance Company, et al.
- In re Managed Care Litigation
- John Cepelak, et al. v. HP Inc.
- LAPD Pedestrian and Motor Vehicle Stop Data Analyses
- LAPD Racial Profiling Analysis
- Margie Daniel, et al. v. Ford Motor Company
- Paul B. Butler v. Porsche Cars North America, Inc.
- Sargon Enterprises v. University of Southern California
- SEC v. Pacific West Capital Group, et al.
- Securities and Exchange Commission v. Henry Yuen
- US Department of Justice v. Tenet Healthcare Corporation
- Washington State Hospital Association Medicaid Supplemental Payments Matter
- WML Gryphon Fund, LLC, et al., v. Wood, Hat & Silver, LLC, et al.
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When it Comes to the Price Transparency Rule, Not All Data is Created Equal
ABA Health eSource, August 2021, Vol. 17, No. 11
2021 -
Cost-Based Analysis Can Be Useful In Calif. Contract Disputes
Law360
2020Gustafson M, Trujillo N, Chu M
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ERISA Litigation Involving Health and Welfare Plans
Recent Developments in Business and Corporate Litigation, 2020 Edition
2020Gustafson M, Hall-Partyka P, Heavner D, Rybolt P
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Expert Analysis of Class Certification Issues
Litigation Services Handbook: Sixth Edition
2017Heavner DL, Gustafson M, Simon P, Chorba C
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Use of Statistical Sampling in Litigation(1)
Litigation Services Handbook: Sixth Edition
2017 -
Use of Statistical Sampling in Litigation
Litigation Services Handbook: The Role of the Financial Expert, 2009 Cumulative Supplement, 4th Edition (March 2009)
2009Gustafson M, Simon P, Weil R
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Pedestrian and Motor Vehicle Post-Stop Data Analysis Report
Report Prepared for City of Los Angeles
2006Alpert G, Becker E, Gustafson M, Meister A, Smith M, Strombom B
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Cost Effectiveness of rHuEPO in Oncology
Recombinant Human Erythropoietin (rhEPO) in Clinical Oncology: Scientific and Clinical Aspects of Anemia in Cancer. M.R. Nowrousian (Ed.), SpringerWien New York, 2002
2002Cremieux P, Dial E, Gustafson M, Sarokhan B, Slavin M
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October 5, 2023
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December 27, 2022
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September 13, 2021