Allen L. Ehrlich
Office: 858-231-3332
Allen Ehrlich, MBA, CPA has over 30 years commercial experience in medical and diagnostic device product management and development, marketing, sales, operations, distribution and finance as an individual Contributor, Director, Vice President and CEO.
He is Principal and CEO of Ehrlich Consulting Group, Inc. (ECG), where he provides industry expertise on issues such as go-to-market strategy, distribution/market entry, product launch, sales, sales practices and operations, distribution channels, marketing strategy and tactics, pricing, messaging, market positioning, advertising and promotion, reimbursement and coding (HCPCS and CPT Codes), branding, trademarks and patents.
He has provided testimony as an expert witness for commercial trademark, branding and contract disputes, deceptive trade and selling practices, false advertising and marketing promotion, global market pricing and industry pricing trends, methods of medical device advertising, marketing and promotion, FDA product labeling and packaging requirements, FDA regulatory and medical device testing requirements. Served on cases for Plaintiff and Defense in Trial and Arbitration.
He has expertise with a broad range of medical devices, diagnostic, digital health and software products for Class I and II FDA cleared devices including capital equipment and disposables.
- Contracts
- Distribution
- Intellectual Property
- Marketing
- Medical Devices
- Orthotics & Prosthetics
- Pulmonary Medicine
- Sales
- Sleep Medicine
- Trademarks
- Q: Please list your professional accreditations, degrees, licenses, and certificates granted:
- A: BS from Kelley School of Business at Indiana University, Accounting
MBA from Kelley School of Business at Indiana University, Marketing
Certificate from Tilburg University in Tilburg, the Netherlands, International Business
CPA Certified, Georgia, 1988 - Q: Please list your affiliations or memberships in any professional and/or industry organizations:
- A: Device Alliance of Orange County, CA and MedicalDevicesGroup.net
- Q: Please list any teaching or speaking experience you have had, including subject matter:
- A: Training presentations directly to medical device customers including nurses, physicians, procurement and C-Suite executives in hospital and home care. Presenting and training sales and clinical teams ranging from 100 to 300 people at medical device companies. Teaching includes training hundreds of medical device professionals on products and services sold to healthcare.
- Q: Have any of your accreditations ever been investigated, suspended or removed? (if yes, explain)
- A: None
- Q: On how many occasions have you been retained as an expert?
- A: Retained as expert witness on 4 occasions. 1 for defense and 3 for plaintiff. Trial and Arbitration.
- Q: For what area(s) of expertise have you been retained as an expert?
- A: Commercial trademark dispute. Expert testimony on what drives purchasing decisions in the medical device sales and distribution market of medical device and diagnostic products, including what buyers (sophisticated buyers such as medical products distributors, group purchasing organizations, integrated health delivery networks and medical providers and individual consumers) prioritize in selecting medical products. Intricacies of issues that drive purchasing decisions such product functionality, price, quality, availability, delivery, warranty, coding and reimbursement (HCPCS/PDAC) coding considerations, and trade/brand name relevance to the purchasing decision. Opined on the processes of HCPCS coding and the interplay between Medicare and private insurance billing and the providers who submit for reimbursement and the effect this has on consumers receiving reimbursement.
Contract disputes, deceptive trade practices, false advertising and promotion, global market pricing and pricing trends,methods of medical device advertising and promotion, FDA product labeling and packaging requirements, FDA regulatory and medical device testing requirements. - Q: In what percentage of your cases were you retained by the plaintiff?
- A: 75%
- Q: In what percentage of your cases were you retained by the defendant?
- A: 25%
- Q: On how many occasions have you had your deposition taken?
- A: Three
- Q: When was the last time you had your deposition taken?
- A: 2023
- Q: On how many occasions have you been qualified by a court to give expert testimony?
- A: Three
- Q: On how many occasions have you testified as an expert in court or before an arbitrator?
- A: Three
- Q: For how many years have you worked with the legal industry as an expert?
- A: Three years
- Q: What services do you offer? (E.g.: consulting, testing, reports, site inspections etc.)
- A: Consulting, Reports, Site inspections, Review of documents, Deposition, Testimony
- Q: What is your hourly rate to consult with an attorney?
- A: $400 per hour
- Q: What is your hourly rate to review documents?
- A: $400 per hour
- Q: What is your hourly rate to provide deposition testimony?
- A: $450 per hour
- Q: What is your hourly rate to provide testimony at trial?
- A: $500 per hour
- Q: Please list any fees other than those stated above (E.g.: travel expenses, copy fees, etc.)
- A: Travel expenses, including hotel, flight transportation, meals and time to travel to testify. Also, shipping expenses (mail, UPS, FEDEX), printing, and any other expense related to the case.
William C. Buhay, Attorney
Weinberg Wheeler Hudgins Gunn & Dial
3344 Peachtree Road NE | Suite 2400 | Atlanta, GA 30326
D: 404.832.9536 | F: 404.875.9433 | C: 404.435.6412
www.wwhgd.com | wbuhay@wwhgd.com
Briana A. Burrows, Attorney
Weinberg Wheeler Hudgins Gunn & Dial
3344 Peachtree Road NE | Suite 2400 | Atlanta, GA 30326
D: 404.591.9674 | F: 404.875.9433
www.wwhgd.com | bburrows@wwhgd.com
John J. Atallah | Senior Counsel
Foley & Lardner LLP
555 South Flower Street, Suite 3300, Los Angeles, CA 90071-2418
Direct 213.972.4834 | Office 213.972.4500
www.Foley.com | jatallah@foley.com