Chicago, IL; January 28, 2022: Ocean Tomo announces the appointment of Alexander Clemons, JD, MBA, and Robert McSorley, JD, CPA, to Managing Directors in the Intellectual Property Disputes financial damages and related expert testimony practice.
Ocean Tomo Chief Executive James E. Malackowski has worked alongside Alex and Bob on many cases, including:
Unique among Ocean Tomo’s other testifying experts, Alex and Bob hold a JD. Jim observes, “this background best positions them to understand, anticipate and discuss with counsel the ever-changing legal landscape surrounding damages proof requirements while developing innovative solutions to the most challenging damages issues.”
Mr. Clemons joined Ocean Tomo in 2013, where he has worked for nine years in the IP disputes and financial damages space. His work includes a wide variety of IP assets, dispute types, and industries, including pharmaceuticals, medical devices, telecommunications, semiconductors, consumer electronics, smartphones, software, e-commerce, and the automotive industry. He is routinely engaged in patent infringement cases involving lost profits and reasonable royalties, trade secret misappropriation damages, copyright infringement damages, breach of contract damages, and contract interpretations cases. Mr. Clemons has been engaged as an expert in matters related to damages in patent, trade secret, copyright litigation, and breach of contract cases where he has provided financial damages deposition testimony.
Prior to joining Ocean Tomo, Mr. Clemons worked as an attorney, assisting clients in many aspects of both civil litigation and transactional matters. Mr. Clemons graduated with Academic Excellence from the University of Illinois, Urbana-Champaign, with an MBA concentrated in Finance. He graduated cum laude from DePaul University, College of Law, with a JD. He also holds a Bachelor of Arts in Rhetoric from the University of Illinois, Urbana-Champaign.
Mr. McSorley has 30 years of experience addressing the economic, financial, and accounting issues concerning commercial litigation. Mr. McSorley has focused on intellectual property disputes since 1998 and regularly evaluates the measures and amounts of monetary recovery for infringement/ misappropriation. He has offered expert testimony in federal courts and depositions on dozens of occasions, and courts and juries have adopted his opinions and conclusions.
Mr. McSorley is regularly retained by pharmaceutical firms involved with Hatch-Waxman litigation. Mr. McSorley has been engaged in Paragraph IV disputes since 2005. In connection with these engagements, Mr. McSorley evaluates financial and economic evidence relating to the issue of commercial success, a secondary indicium of non-obviousness. In addition, he regularly evaluates allegations of irreparable harm. Through his work in these engagements, Mr. McSorley has gained experience with certain economic aspects of the US pharmaceutical industry, such as the profitability of the US Fortune 500 pharmaceutical firms and their ability to finance and recover R&D costs.
Mr. McSorley holds a BA degree in Accounting from the Pennsylvania State University and a JD from the University of Pittsburgh. He is a CPA and a licensed attorney. Mr. McSorley is a member of the Licensing Executives Society, the American Institute of Certified Public Accountants, and the Federal Circuit Bar Association.
About Ocean Tomo
Established in 2003, Ocean Tomo, LLC provides Financial Expert, Management Consulting, and Advisory services related to intellectual property (IP) and other intangible assets; corporate accounting investigations; regulatory and reporting obligations; solvency and restructuring; and contractual or competition disputes.
Practice offerings address economic damage calculations and testimony; accounting investigations and financial forensics; technology and intangible asset valuation; strategy and risk management consulting; mergers and acquisitions; debt and equity private placement; and IP brokerage.
Intangible assets comprise 90 percent of business value but are also subject to significant impairment due to enterprise and regulatory compliance risk. Ocean Tomo assists clients – corporations, law firms, governments, and institutional investors – in realizing Intellectual Capital Equity® value broadly defined.