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Overview:

The evolving standards for antitrust class certifications continue to pose challenges for litigators. Further shaking up the legal landscape are the noteworthy developments involving several cases such as ComcastRail Freight, and Hyundai II. Issues ranging from uninjured class members to representative evidence are also the subjects of many antitrust cases’ class certification analyses today.

With the emerging trends and developments constantly changing the class certification backdrop, practitioners are expected to adapt to the changes and plan their litigation strategies accordingly.

Join a panel of key thought leaders and professionals assembled by The Knowledge Group as they bring the audience to an in-depth analysis of the recent developments in antitrust class certification. Speakers will also provide the audience with practical strategies in bringing out the best in these lawsuits in a rapidly evolving legal climate.

Key topics include:

  • Class Certification Requirements: Recent Trends and Developments
  • Class Certification in Antitrust Cases
  • Notable Cases and Decisions
  • Litigation Strategies
  • What Lies Ahead

Credit:

Course Level:

Intermediate

 

Advance Preparation:

Print and review course materials

 

Method of Presentation:

On-demand Webcast (CLE)

 

Prerequisite:

General knowledge of antitrust class action

 

Course Code:

149343

 

NY Category of CLE Credit:

Area of Professional Practice

 

Total Credits:

1.5 CLE


How to Claim CLE Credits Per State:

https://knowledgewebcasts.com/how-to-claim-cle-credits-per-state/


CLE State Requirements:

https://knowledgewebcasts.com/cle-state-requirements/

Speaker Panel:

Craig Benson, Partner
Paul, Weiss, Rifkind, Wharton & Garrison LLP

A partner in the Litigation Department, Craig Benson focuses his practice on trial work in the areas of antitrust, product liability, intellectual property and major commercial disputes. Craig’s experience has involved representing clients before federal and state courts, regulatory agencies, and arbitrators, in industries including financial services, pharmaceuticals and biotechnology, electronics, automotive, chemicals, oil and gas, tobacco, and hospitality. He also has significant experience in class action defense. Craig is Co-Chair of the Firm’s Professional Development and Training Committee and a hiring partner for the Firm’s Washington office.

Rainer Schwabe, Principal
Cornerstone Research

Rainer Schwabe consults on a variety of antitrust and competition cases, including matters related to allegations of price fixing, exclusionary practices, and mergers and acquisitions. He has analyzed alleged anticompetitive conduct in a number of industries, including finance, food and agriculture, healthcare, telecommunications, and transportation. Dr. Schwabe has managed large teams and supported experts and clients through all stages of litigation, including data production.

Dr. Schwabe has particular expertise with antitrust issues in financial markets, both in the context of class certification and liability and damages. He has analyzed alleged anticompetitive manipulation of asset prices, closing and benchmark prices, and bid-ask spreads in both over-the-counter and exchange settings.

Michael Kheyfets, Partner
Edgeworth Economics, L.L.C.

Michael Kheyfets is a professional economist who provides his clients with economic research and rigorous data analysis in litigation, regulatory, and business analytics matters.

Mr. Kheyfets advises clients on a broad range of antitrust and competition matters, including ones involving allegations of price-fixing, monopolization, market allocation, and bid rigging. He has served in expert roles in antitrust litigation matters involving a variety of industries, including (among others) building materials, consumer goods, mobile phones, electronic components, auto parts, and pharmaceuticals. Mr. Kheyfets specializes in all phases of these matters, from managing the data discovery process to developing testimony on issues of class certification, liability, and damages.

Bethlehem Mebratu, Associate
Paul, Weiss, Rifkind, Wharton & Garrison LLP

An associate in the Litigation Department, Bethlehem Mebratu focuses on counseling clients on antitrust matters, including antitrust compliance, regulatory filings, mergers and acquisitions, and civil investigations by the U.S. Department of Justice and the Federal Trade Commission. Bethlehem also has experience representing clients in class action lawsuits brought by private plaintiffs premised on antitrust and unfair competition claims under state and federal law, as well as antitrust litigation brought by regulatory agencies. Bethlehem has defended clients in matters involving a wide variety of industries, including financial services, health insurance, technology, and consumer products.

Agenda:

SEGMENT 1:

Michael Kheyfets, Partner

Edgeworth Economics, L.L.C.

  • Overview of different types of economic “common evidence” offered in antitrust class actions
  • Emergence of “price structure” and regression-based “common impact” techniques
  • Discussion of where the emerging techniques fit with the broader analysis of predominance issues

SEGMENT 2:

Craig Benson, Partner

Paul, Weiss, Rifkind, Wharton & Garrison LLP

AND

Bethlehem Mebratu, Associate

Paul, Weiss, Rifkind, Wharton & Garrison LLP

  • Hyundai II: The Predominance Standard Applied to Settlement versus Litigation Classes
  • Rail Freight to TransUnion: A Review of Impact and Predominance
  • Comcast: Perils Where Damages Models Do Not Align with Liability Theories

SEGMENT 3:

Rainer Schwabe, Principal

Cornerstone Research

  • Economic analysis of uninjured class members:
  • Common impact and the “all or nearly all” standard; Who is uninjured?
  • Analyzing data to identify uninjured class members
  • Empirical analysis – uninjured class members and false positives
  • Uninjured class members and ascertainability
  • How many is “nearly all”? – In re Rail Freight
  • Challenges relating to uninjured class members in recent antitrust class actions in financial markets
    • The gap between episodic conduct such as trader communications and class-wide impact

Date & Time:

Thursday, March 04, 2021

3:00 pm to 4:30 pm (ET)

Materials:

Download Course Materials

Who Should Attend:

  • Antitrust Lawyers
  • Class Action Lawyers
  • General Counsel
  • Compliance Managers
  • Top Level Management
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SPEAKERS

Craig BensonPartner
Paul, Weiss, Rifkind, Wharton & Garrison LLP
Rainer SchwabePrincipal
Cornerstone Research
Michael KheyfetsPartner
Edgeworth Economics, L.L.C.
Bethlehem MebratuAssociate
Paul, Weiss, Rifkind, Wharton & Garrison LLP

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