Daniel P. Schmelzer is a Senior Analyst in our Washington, D.C. office focusing on complex pesticides and biotechnology litigation and arbitration, pesticide data rights under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), competitive intelligence, and the financial and economic aspects of compensation claims. Working closely with B&D attorneys, clients, and outside experts, Mr. Schmelzer helps to prepare and present regulatory, business, and financial facts and analyses for negotiations and litigation. He has helped B&D clients obtain data compensation from their generic pesticide competitors in dozens of FIFRA matters.
Mr. Schmelzer’s experience includes:
- evaluating the monetary value of data citation obligations under FIFRA and helping the firm’s legal team enforce clients’ data rights and secure full compensation through negotiation or arbitration;
- working with outside experts to identify, compile, and analyze evidence of the historic costs of generating the compensable data;
- developing economic and financial support for data compensation claims, and supporting the efforts of outside accounting and economics experts to provide a compelling and consistent fact-intensive trial presentation;
- preparing trial graphics and visual displays to convey complex financial and economic information persuasively to courts and arbitrators; and
- analyzing corporate and business records, business history, and ongoing industry developments for competitive intelligence and other purposes. This includes targeted information-gathering using the Freedom of Information Act (FOIA) and other tools.