McClave + Associates lend their expertise in Ovalnnovations’ antitrust pursuit against IsoNova Technologies

McClave + Associates lend their expertise in Ovalnnovations’ antitrust pursuit against IsoNova Technologies

Which came first: the chicken or the egg?  Most biologists state unequivocally that the egg came first. In IsoNova Technologies, LLC v David L. Rettig and Ovalnnovations, LLC, that age old question was not answered, but the infamous chicken egg was central in the dispute.

McClave + Associates (MC+A), led by Expert Economist Dr. Rob Kneuper, provided econometric analysis on behalf of Ovalnnovations, LLC, a producer of dried egg products. IsoNova,LLC originally sued Ovalnnovations in the U.S. District Court for the Northern District of Iowa and Ovalnnovations countersued IsoNova claiming IsoNova created and maintained a monopoly in their respective market.  Specifically, Ovalnnovations alleged IsoNova maintained a more than majority market share in both the purchase and sale of dried egg products for use in the pet food industry.

Both companies operate in the inedible egg industry. Some eggs are cracked or broken during processing and not suitable for human consumption. These eggs are either sent to waste treatment facilities or provided to another company to be converted to a usable product. Some inedible eggs are used as an ingredient in pet food for household pets. In this case, liquid inedible egg is converted into a dried egg product and sold to pet food manufacturers.

Dr. Kneuper and the MC+A team were hired in 2021 to evaluate OvaInnovation’s antitrust counterclaims in this case, which included that IsoNova was using various mechanisms, including long-term contracts with suppliers, in order to maintain its dominance in the markets for the upstream purchase and downstream sales of inedible eggs in the U.S.  According to the allegations, IsoNova’s anticompetitive practices harmed smaller competitors such as Ovalnnovations, leading to diminished sales and profits. In addition to offering an opinion regarding antitrust liability, Dr. Kneuper also estimated damages to OvaInnovations in the form of lost profits and diminished enterprise value, assuming a finding of antitrust liability.

After over two years of work, and multiple expert reports, the case was settled to the satisfaction of Ovalnnovations.

Isonova Technologies, LLC v. David L. Rettig and OvaInnovations, LLC, Case No. 1:20-cv-00071

Info Tech, Inc. Separates Into Two Independent Companies

Info Tech, Inc. Separates Into Two Independent Companies

July 18, 2023, Gainesville, Fla. – Info Tech, Inc., a national leader in both infrastructure construction software solutions and expert statistical and econometric consulting services, announced today the company is separating into two independent entities. For over 45 years, Info Tech, Inc., has consisted of two businesses – Infotech Systems and Infotech Consulting – each serving their respective industries under one parent company. Effective August 1, 2023, Infotech Consulting is spinning off as a separate company named McClave + Associates (MC+A).

Info Tech, Inc., has existed as a single entity with expertise in infrastructure software and statistical and econometric consulting services since 1977. This separation is a strategic initiative to best position both companies for long-term, targeted growth in their respective markets.

“Both businesses have experienced record-breaking growth in the last five years, and while transitioning to two separate companies will be a monumental shift, we believe this is the necessary evolution to allow each company to embrace the momentum we have been fortunate to experience the last few years,” Infotech Co-Founder Dr. Jim McClave said.

Infotech and McClave + Associates will fully operate as separate entities with independent executive leadership. Dr. Jamie McClave will serve as both CEO and Expert for MC+A and Will McClave will be President and CEO of Infotech.

“When we had our first major case in 1981 that resulted in a then record settlement of $30 million for the Florida Department of Transportation, Dr. McClave and I knew we were building a foundation that was going to last a long time,” Infotech Co-Founder Dr. Tom Rothrock said. “What we didn’t know then was that the foundation we were creating was going to be the base for two incredibly strong, successful companies that have forever changed their industries – and will continue to make tremendous impact.”

To learn more about the history of Info Tech, Inc., visit the timeline found on infotechinc.com/company.

“I’m incredibly proud to see what Dr. Rothrock and I have been able to accomplish as a result of the tremendous contributions from our employees over four decades,” Dr. McClave added. “And, while we are moving forward as two companies, one thing will always remain – our core value of Treating People Right will be the guiding force for both Infotech and McClave + Associates.”

To learn more about Infotech, visit infotechinc.com. To learn more about McClave + Associates, visit mcclaveandassociates.com.

About Infotech
Info Tech, Inc., DBA Infotech (Infotech) is a leading SaaS solutions provider for the infrastructure construction industry. Informed by DOT relationships and decades of experience, Infotech develops software solutions that bridge the gaps between owners, consultants, contractors, and other project stakeholders. Whether it be tools for construction administration and inspection or secure online bidding, Infotech’s solutions are built to increase transparency, productivity, and the availability of data. Infotech is the developer of Appia®, Bid Express®, and Doc Express®, as well as the official contractor for AASHTOWare Project™. For more information, visit infotechinc.com.

About McClave + Associates
McClave + Associates (MC+A) is a firm that offers more than 46 years of trusted expertise to clients under the leadership of Founder Dr. Jim McClave, CEO Dr. Jamie McClave, and the collective power of its team of Experts and Associates. For nearly five decades, the firm operated as Infotech Consulting, and today, MC+A offers the same established experience and commitment under an evolved company structure solely focused on providing expert analysis through a vast range of specialties and services. For more information, visit mcclaveandassociates.com.

Leadership Q&A with Jamie McClave Baldwin

Leadership Q&A with Jamie McClave Baldwin

Find out what Dr. Jamie McClave Baldwin had to say about leadership, business and how those two things intersect below. 

If you could summarize your general philosophy on life, what would it be?

Be generous. Work hard. Stay humble. Forgive easily.

It’s my own version of The Four Agreements (which I love but find hard to remember sometimes). If I find myself off course, I am usually not doing one of these things. When I go back to the basics, the path always becomes clear. 

 

If you were to summarize your general philosophy on business, what would it be?

See above. 😉

 

In a perfect world, how would the two overlap?

I’ve never really understood why there would be a difference between life philosophy and business philosophy. Business is simply a reflection of our values and our life philosophy.  I don’t buy it when someone tries to tell me “business is business” as an excuse for treating someone poorly or cutting corners. How you do anything is how you do everything. Freedom is having all parts of your life in alignment. Infotech is a place where we are lucky to have that overlap. Where we get to be kind and generous, work hard, stay humble, forgive easily. We get to be ourselves.

 

If you were to give a TED talk to an audience full of young women entering the workforce, what are five things you’d like them to know?

  1. Doers make mistakes. If you’re not failing, you’re not trying. Forgive your mistakes, learn, move on. We need doers.
  2. Everyone suffers from imposter syndrome. Even the most experienced and educated person in the room. Do it anyway. Be nervous and unready and do it anyway. Do it scared.
  3. Take nothing personally. You will face unfairness. You might feel insulted from time to time. You can’t control what other people do or think but you can control how you react. The difference between humans and most of the animal kingdom is that we get to choose our thoughts – maybe not that first knee jerk thought – but all the ones after that. We all have instant reactions. Learn to pause and think about how you want to choose to react. Let the first feeling pass and then think.  Get in line with your values and act accordingly.
  4. No one is laying in bed at night thinking about the mistakes you made. We all lay in bed at night thinking about our own mistakes – I know I do! So don’t worry so much about what others think about you – they aren’t.  Take care of yourself and your loved ones. Limit whose opinions you let matter and guide you.
  5. Lead from where you are. Leadership is not about a title. It is about getting off the bench and into the game. Even if that means cheering from the sidelines. Get in the game. Do something to make a difference. Take the initiative. Stand up for someone in need. You might find yourself having made a wrong choice or messing something up but at least you are trying (see #1 above).  

Infotech Consulting’s Expert Testimony and Analysis Helps Blue Ox Avoid $5.7 million Patent Infringement Claim

The Infotech Consulting team, led by Expert Economist Dr. Rob Kneuper, provided econometric analysis and expert testimony (both at deposition and trial) to assess the damage claims brought against Blue Ox, one of the largest towing systems companies in the United States. Danko Manufacturing sued Blue Ox (and related corporate entities) in the U.S District Court for the District of Nebraska, claiming patent infringement relating to the braking systems used for vehicles being towed by an RV. 

In particular, Danko alleged that Blue Ox’s Patriot 3 infringed the “Brake Lock Detection System for Towed Vehicles,” also known as Patent ‘870. Blue Ox counterclaimed and argued that the Patent was unenforceable and invalid to be infringed. Danko presented expert testimony claiming damages relating to lost sales from the alleged patent infringement of approximately $5.7 million. 

Dr. Kneuper and the Infotech Consulting team evaluated the damages methodology and calculations made by Danko’s expert and identified numerous deficiencies in his analysis. Dr. Kneuper’s evaluation revealed the damage analysis by Danko’s expert was “fundamentally flawed” and had “no factual support.” The case went to trial in the fall of 2021, and Judge Brian C. Buescher ultimately ruled in favor of Blue Ox, citing favorably to Dr. Kneuper’s trial testimony, and ultimately finding no proof of both infringement and damages.  The case was subsequently settled.  

In reflecting on his work on the Blue Ox case, Dr. Kneuper stated, “It’s deeply satisfying to not only have achieved the right result at trial, but it was a great experience for me personally to work with the fine attorneys at Carlton Fields and McGrath North, as well as the awesome Infotech Consulting trial support team!” 

Creating Room for Employees to Volunteer

Creating Room for Employees to Volunteer

In the wake of so many recent tragedies on a national and international level, it is easy for us all to feel hopelessness and despair – a frustration that things feel completely out of our control. Our problems are too big for a single individual to solve them, and we feel powerless to make our world a better place. Yet, as my favorite government educator, Sharon McMahon, says, “The antidote to despair is action.” When the weight of the world feels heavier than ever, I find that volunteerism is an effective means of taking action. Many of us are desperate for ways to see or provide hope, to make a positive difference in the world or our communities. While it may seem small, volunteering can provide a direct means for being the good and taking action where circumstances seem too big for us to have an impact. Companies can play a critical role in encouraging and providing the means for their employees to spend time volunteering. 

Last summer, after months engrossed in research on the impact of the opioid epidemic on children entering the dependency system, I decided to become a Guardian ad Litem volunteer. The Guardian ad Litem (GAL) program ensures that every child in the dependency system – in foster care, or otherwise involved in cases of abuse or neglect – has someone representing that child’s best interests and giving them a voice in the process. Each state has its own program, so volunteers work close to home. I know that my own child has the security of a safe, loving home with access to everything she needs; and I wanted to be able to help give that to others. I can’t make sure every kid in this country has the shelter, food, education, and affection that they need, but I can at least do this for some.

Anyone with compassion and commitment can be a Guardian ad Litem volunteer; all necessary training is provided after the volunteer screening process. But becoming a volunteer does require two indispensable resources: emotional strength and TIME. Along with the minimum requirement of monthly visits to each family assigned to a volunteer, GAL volunteers are expected to submit reports to the court, attend court hearings, and participate in meetings involving the attorneys and case managers working with the family.  Volunteers often need to spend time interacting with a child’s school and functioning as a go-between among the many agencies involved to be sure the child gets all the services they need. Above all, the volunteer endeavors to make the child feel seen and heard; and this can be the hardest part of the job. It’s a significant commitment, and a commitment that is so much easier to make when you know your employer is behind you. 

During the interview portion of my application process, I was asked how I expected to balance the time requirement of the GAL program while working full time and having my own child to care for. I was able to respond that my work is fairly flexible, and that my employer is understanding and accommodating of non-work priorities. I realized then, and I realize now, that this is remarkable. 

While working for Infotech Consulting can mean demanding schedules and time-sensitive work, when I told my supervisor I was interested in becoming a GAL volunteer, she gave me her full support. In fact, she wrote one of my letters of recommendation. Infotech has allowed me to take an hour on an odd Thursday to attend court or to log off early on occasion to conduct a visit at the only time that works for the caregiver. On one occasion, I had a visit scheduled that was critical in order to submit a report to court; and a longer client meeting was scheduled to overlap with the visit. When I told my boss that I would need to leave the meeting early to make my visit happen, I was met with complete understanding, knowing that she trusted me to meet our client’s needs while still ensuring that I could provide necessary support to the children.  Thanks to this supportive environment, I also had no reservations about being able to attend my first adoption ceremony as a GAL volunteer on a recent Tuesday morning, and I celebrated a happy ending for a baby and his new family. 

Many companies profess a commitment to participating in and improving the communities in which they operate or serve. There is, however, an appreciable difference between encouraging employees to participate in one-off opportunities on weekends or after working hours, and providing an environment where employees can commit to an organization and remain consistently involved. The fact that Infotech has enabled my commitment to the GAL program and, critically, seen it as valuable work is, to me, the epitome of the company living its values: “Family first” and “treat people right.” By empowering employees to volunteer, Infotech shares its best resource – its people and our talents – to make lasting, positive change in the community.