Many employers have figured out by now that their vendors, consultants and brokers are more concerned with taking their money than actually reading the first-tier academic literature and government guidelines, which universally say that the intrusive, coercive wellness programs — the ones that generate the highest fees — are worthless or counter-productive. Some of those employers are demanding their money back and then some. (Damages are much greater than fees due to reasons we can discuss offline.)
I provide both forensic consulting, in which we help get fees returned, as well as direct litigation support. I support employers by showing the overwhelming evidence that benefits consultants and vendors are suppressing the information demonstrating that their programs are worthless.
I am sometimes retained by benefits consultants, brokers or vendors instead. I have a winning strategy for them too, that I would prefer not to divulge. Plus, if you are a vendor or a consulting firm it makes great sense to retain my services prospectively to “conflict me out” in the case of litigation against you.
Finally, though it hasn’t happened yet, I will support class actions and individual employee claims. I will not work for the defense against these claims because frankly there is no defense other than cross-claims.
Qualifications include not just the many articles, endorsements, and books but also, I hold a JD from Harvard and taught economics at Harvard. My likely opposing experts usually have ethical violations or are employed by firms that have ethical violations and/or can’t count. DMPC has dossiers on most potential opposing experts designed to impugn both their intelligence and ethics. (For opposing “expert” in wellness, neither of those requires breaking a sweat.)
Track record has been 100% achieving favorable settlements, usually so quickly and with so little effort that I no longer charge by the hour, except where required by law for actual trial work (where contingency-pricing by experts is typically not allowed).