Experts in Economics & Statistics

A consistent choice for industry leading companies
and the nation's preeminent law firms for over 40 years.

James E. Pearce, Ph.D.

Jim Pearce is Vice President and Senior Economist in the Washington, D.C. office. Dr. Pearce regularly assists clients with studies of employment practices and economic damages. He also provides disparate impact studies of lending and insurance activity and economic damage analyses in commercial and non-employment class action contexts. His experience with matters involving age discrimination includes studies of hiring and pay practices as well as terminations.

Dr. Pearce’s research, which includes studies of mortgage markets, illegal immigration, and the behavior of labor markets over the business cycle, has been published in the Journal of Political Economy, the Journal of Labor Economics, the Journal of Real Estate Finance and Economicsand the Review of Economics and Statistics. He has also conducted contract research for the U.S. Department of Housing and Urban Development and for Freddie Mac. Before joining Welch Consulting, Dr. Pearce managed and conducted economic research at the Federal Home Loan Bank of Atlanta and the Federal Reserve Bank of Dallas.

SELECTED CASEWORK

Testifying Expert, Fraud and Deceptive Trade Practices: Multi-plaintiff dispute in which former students of a for-profit university alleged that the university failed to keep promises that a doctoral program would become accredited before they graduated. My damage calculations included estimates of the effect of plaintiffs’ reduced access to student loan forgiveness programs as well as estimates of reductions in earnings capacity.

Testifying Expert, Fair Housing Act Violation: A local fair housing group alleged that a restriction on the amount of homeowner’s coverage that could be purchased on properties with low market value had a disparate impact on minority homeowners. I argued that this practice had a valid business justification, and I provided a statistical analysis showing there was no disparate impact. The judge cited my discussion of moral hazard in the order granting summary judgment.

Testifying Expert, Employment Discrimination: An industrial sales and inventory management company was sued for allegedly failing to hire older applicants into sales positions. Using data from resumes and applications, I developed an estimate of the representation of older people in the applicant pool, which was not significantly different from the representation of older people among those hired.

Testifying Expert, Employment Discrimination: Evaluated disparate impact and damages for 33 police officers in a major Texas city. The plaintiffs alleged that older officers were treated adversely in a reorganization. I prepared an expert report and testified at deposition and trial.

Testifying Expert, Wage & Hours: Class action involving production line employees who claimed unpaid pre-shift and post-shift time. I served as statistical consultant to the industrial engineer retained to measure actual donning and doffing times. I provided an expert report expressing the opinion that the sample of times recorded by the engineer was adequate for extrapolation to the proposed class.

Consulting Expert, Employment Discrimination: Multi-plaintiff matter in which an airline’s vacation accrual policy was alleged to discriminate against pilots in military reserves, thereby violating USERRA. I computed the amount and value of additional vacation to be awarded under several scenarios. Both sides relied on my estimates in reaching a settlement, and I calculated the settlement payment made to each class member.

Consulting Expert, Wage & Hours: National class action in which technical support employees of an information services company alleged that they were wrongfully classified as exempt. Using data on hours billed to clients, I directed a team that estimated the amount of overtime due. We translated these estimates into damages that varied according to statutes of limitation in the various states. We provided an internal critique of the analysis by plaintiffs’ expert and supported the client’s attorneys during a successful mediation. We provided class lists and other support after settlement.

Consulting Expert, Employment Discrimination: In a national class action in which plaintiffs alleged age discrimination in reductions in force over five years. I directed a team that provided comprehensive analyses of the layoffs as well as support for attorneys in their interviews with company management and depositions of named plaintiffs. We reviewed reports prepared by experts on both sides and supported counsel in deposing the opposing expert.

Project Manager, Employment Discrimination: Plaintiffs alleged that a steel manufacturer discriminated against African Americans in promotions and hires. Maintained client contact, analyzed the data, and drafted reports for the testifying expert. Prepared the initial report opposing class certification and two subsequent declarations. Assisted counsel in deposing plaintiffs’ expert and preparing their motion opposing class certification. Class certification was denied.

Project Manager, Fair Housing Act Violation: Class action in which a fair housing group alleged that a national insurer’s past underwriting criteria for homeowners insurance had a disparate impact on minorities in five metropolitan areas. Among other things, we showed that there was no increase in policies in minority neighborhoods after the guidelines in question were eliminated. I coordinated production of data to plaintiffs, prepared analysis and drafted the report for the testifying expert, and supported defense counsel in deposing the opposing expert