Keith Mallinson is founder of WiseHarbor, providing expert commercial advisory to technology and services businesses in wired and wireless telecommunications, media and entertainment serving consumer and professional markets. He is a regular columnist with Wireless Week, FierceWireless Europe and IP Finance -- “where money issues meet intellectual property rights”.

Mallinson led Yankee Group's global Wireless/Mobile research and consulting team as Executive Vice President, based in Boston, from 2000 to 2006. Until then, he had overall responsibility for the firm's European division, based in London, as Managing Director from 1995 until 2000. He was the European Research Director prior to 1995.

Mallinson has more than 25 years experience in the telecommunications industry, as research analyst, consultant and as a testifying expert witness. Complementing his industry focus, he has a broad skill set including technologies, market analysis, regulation and finance. He has published numerous reports and speaks publicly at industry events including the leading CTIA and Mobile World Congress trade shows on a wide variety of topics, most recently including fixed mobile convergence and substitution, broadband wireless, emerging markets, intellectual property patents and licensing, mobile search and advertising.

Mallinson has an undergraduate electronic engineering degree from London University's Imperial College and an MBA from the London Business School, including an academic exchange with Northwestern University's Kellogg Graduate School of Management in Illinois.

Expert services

Mallinson is a commercial analyst in telecommunications including strategy, market research and financial analysis through his consulting firm WiseHarbor. Expert witness services include expert reports, rebuttals and oral testimony.

Key areas of expertise

Mallinson has extensive experience in telecommunications, including fixed networks. His recent focus is on wireless and mobile communications:

• Technology supply for networks and devices
• Carrier services for developed and developing nations
• End user markets with enterprises and consumers
• Related services including mobile media, advertising, local search
  and payments

Mallinson has a broad set of business analysis skills with many previous assignments in:

• Competitive analysis
• Market research
• Regulation and licensing
• Business modeling and valuations
• Due diligence
• Antitrust investigations
• Intellectual property assessments

Expert testimony cases

The following lists Mallinson’s engagements as an expert witness.

Peltz v. Hatten, 279 B.R. 710 (D. Del. 2002).

Retained by: Williams & Connolly on behalf of defendant Mark Hatten.

Case: Bankruptcy liquidation.

Engagement: Market assessment and company valuation. Prepare expert report, rebuttal report, deposition and trial testimony.

Omnipoint Communications Inc. v. the City of White Plains, No. 01 Civ. 3285 (S.D.N.Y.). 

Retained by: Greenberg Traurig, LLP on behalf of plaintiff Omnipoint (T-Mobile).

Case: Permit for cellular tower.

Engagement: Damages assessment, expert report and trial testimony.

Omnipoint Communications Inc. v. the Country Club of New Canaan, Inc., Civ. No. 3:03CV00900(AWT) (D. Conn.).

Retained by: LeBoeuf, Lamb, Greene & MacRae, LLP on behalf of plaintiff Omnipoint (T-Mobile).

Case: Cellular tower breach of contract.

Engagement: Damages assessment with expert report submitted.

Wireless Consumers v. AT&T Cellular et al, 1:02-cv-02637-DLC (S.D.N.Y.).

Retained by: Kellogg, Huber, Hansen, Todd, Evans & Figel, PLLC (for Verizon Wireless);

Friedman Kaplan Seiler & Adelman LLP (for AT&T Wireless); Sidley Austin Brown & Wood LLP (for T-Mobile); Hunton & Williams (for Cingular); Anderson Kill & Olick, PC (for Sprint PCS).

Case: Wireless telephone services antitrust litigation on alleged tying of cellular and PCS handset sales with service contracts.

Engagement: Analysis on relevant markets with expert report, rebuttal and deposition.

OpenMotion LLC v. Yellow Book USA, No. A0602350 (Ct. of Common Pleas, Hamilton, Ohio).

Retained by: Taft, Stettinius & Hollister LLP, on behalf of plaintiff OpenMotion

Case: Breach of contract relating to mobile search and advertising.

Engagement: Damages assessment with expert report submitted.

United Mobile Technologies, LLC et al v. Pegaso PCS, S.A. DE C.V. et al, 1:05-cv-10528-LAP (S.D.N.Y.).

Retained by: Kubli and Associates, on behalf of plaintiff United Mobile Technologies.

Case: Disputed termination of supply by defendant for intellectual property licensing including software licensing and system integration in cellular text and multimedia messaging.

Engagement: Quantum meruit damages assessment with expert and rebuttal reports, deposition and trial testimony in September 2010.

In re Eastern Towers Inc., No. 1:10-cv-10207-FDS (D. Mass.).  

Retained by: Mintz Levin Cohn Ferris Glovsky and Popeo P.C. on behalf of plaintiffs Joseph G. Butler as Chapter 7 Trustee and John Strachan. 

Case: Suit for breaches of fiduciary duty. 

Engagement: Determine fair market value for a portfolio of towers and opine on the fairness or otherwise of a commercial agreement. Submitted expert opinion report in 2008 and deposed in 2009. Updated valuation report submitted September 2011. Trial testimony in April 2012.

Global Signal Acquisitions II, LLC v. Unison Site Management Corp., No. 08-L-335 (Circuit Court, Kane County, Illinois).

Retained by: McCullough, Campbell & Lane LLP on behalf of defendant Unison Site Management.

Case: Defendant client is subject to an adverse cellular tower contract breach claim judgment.

Engagement: Review plaintiffs’ damages assessment.  Submitted expert report in July 2010, deposed in October 2010 and case settled in November 2010.

In Re TFT-LCD (Flat Panel) Antitrust Litigation, No. 3:07-md-01827 (N.D. Cal).

Retained by:  Defense counsel on behalf of defendants.

Case: Antitrust actions alleging price fixing among sellers of thin film transistor liquid crystal display products.  

Engagement:  Submitted expert report on technological and commercial aspects of mobile communications industry in February 2012 with deposition in April 2012. Submitted sur-rebuttal report in July 2012.

Mallinson has never been discredited, impeached or disqualified by any court.

Non-testifying expert work

Mallinson also provides ongoing expert services on a non-testifying expert basis to some of the world’s largest wireless cellular service and technology companies. Work includes competitive analysis on mobile technologies and services markets in support of several patent infringement, licensing and antitrust disputes worldwide.  He works directly with these companies at the General Counsel level, with outside counsel including several other major law firms, and with other advisors including economists and accountants.

Publications

He is a regular columnist with Wireless Week, FierceWireless Europe and IP Finance -- “where money issues meet intellectual property rights”. The WiseHarbor web site publications page (http://www.wiseharbor.com/publications.html) includes links to his numerous articles.

Mallinson published many industry research reports on telecommunications for Yankee Group between 1991 and 2006.



Regions

Mallinson works from WiseHarbor offices in the US and UK. He has extensive US and international experience.

Fee rates

$500 to $800 per hour for oral testimony.

References and full resume

Available upon request.