Engagements

CRA assists an e-commerce platform settle litigation over distribution of alleged counterfeit products

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A CRA team of consultants led by Michal Malkiewicz assisted counsel at a boutique law firm working on behalf of its client, a cross-border retail exports company whose e-commerce platforms enable online customers from outside of China to purchase Chinese consumer products. Mr. Malkiewicz and his team were asked to determine whether various transaction records maintained by the company and its third-party vendors could be used to reliably identify US sales on the company’s e-commerce platforms that were accused of infringing various US copyrights and trademarks.

As part of this assignment, Mr. Malkiewicz and his team conducted interviews with knowledgeable company personnel and compiled, reconciled, and analyzed millions of transaction records maintained within various subsidiary and sister companies’ accounting systems, as well as with third-party transaction and financial records maintained by various banks, financial institutions, credit card companies, and payment processing agencies. Mr. Malkiewicz and his team also identified and verified, within the same universe of transaction records, certain test purchases of the allegedly infringing products.

According to counsel, CRA’s ability to timely and credibly verify both the reliability and completeness of transaction records identifying allegedly infringing US product sales helped their client secure a timely and favorable settlement and prevent further disruptions to its business operations.

In addition to Mr. Malkiewicz, Yumeng Wang, among other CRA analysts, provided data analytics, forensic, and translation support on the project.

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