Broadcast Date: Tuesday, May 30, 2023
from 3:00 pm to 4:30 pm (ET)

Overview:

Over the past three years, leaders of US antitrust agencies have been driving antitrust enforcement into the public consciousness.  While fewer antitrust actions were filed in 2022, of the number of private antitrust class actions growing out of criminal and civil investigations conducted by the two agencies is likely to increase over the next few years.  It may also reshape the way courts view these private antitrust class actions, and whether they are more likely to deny motions to dismiss and to more inclined to grant class certification is up for debate.  The potential damages in many of these cases run into the hundreds of millions, some a billion dollars or more.

To help you and your clients understand where we are and stay ahead of the curve, this webinar will examine recent decisions in antitrust class actions, such as the Ninth Circuit’s en banc decision last fall granting class certification in Olean Wholesalers v. Bumblebee. The speakers will identify key issues and emerging trends and will suggest strategies for addressing them.

Join a panel of experienced antitrust lawyers and economists for a lively discussion reflecting both plaintiff and defendant points of view.

Key topics include:

  • What lessons to take away from the Ninth Circuit decision in Olean Wholesalers
  • How courts are now treating the use of regression models to prove classwide impact
  • How to use Daubert motions effectively on class certification
  • Emerging issues on the scope of discovery in antitrust class actions

Credit:

Course Level:

Intermediate

 

Advance Preparation:

Print and review course materials

 

Method of Presentation:

Live Webcast

 

Prerequisite:

General knowledge of antitrust class certification

 

Course Code:

1410487

 

NY Category of CLE Credit:

Areas of Professional Practice

 

Total Credits:

1.5 CLE

Speaker Panel:

James Langenfeld, Managing Director
Berkeley Research Group, LLC

Dr. James Langenfeld is a managing director at BRG, based in Washington, DC. He provides economic analyses and expert testimony for litigation, regulatory actions, and economic policy in a wide variety of industries.

This work involves types of matters including antitrust, damages, class actions, labor, mergers, statistical analyses, and regulation’s impact on firms and consumers. He also serves on the editorial board of several professional journals and has published numerous articles in journals and books on diverse topics in applied economics and econometrics.

James A. Keyte, Director of Global Development
The Brattle Group, Inc.

As the Director of Global Development, Mr. Keyte plays a lead role in growing Brattle’s antitrust practice and defining a new level of quality for economic consulting.

His extensive practical experience, along with his deep antitrust expertise, gives Brattle a competitive advantage in producing top quality expert work product across all competition subject areas. Mr. Keyte is directly engaged in marketing, training, and quality review across all of Brattle’s competition and antitrust engagements both in the US and globally.

Sarah R. LaFreniere, Partner
Hausfeld

Sarah’s practice focuses on complex litigation including antitrust, financial services, and commercial disputes.

Sarah LaFreniere is a partner at the law firm Hausfeld LLP, where she works out of their Washington D.C. office. Sarah’s practice is focused on complex litigation, primarily antitrust and commercial disputes. She has particular expertise in claims under Section 2 of the Sherman Antitrust Act, where she represents nascent and small businesses in their claims against alleged monopolists, including most recently, against Meta Platforms, Inc. Sarah’s practice brings her to the forefront of e-discovery where she has been at the helm of some of the most hard-fought discovery disputes on behalf of direct purchasers in antitrust class actions. Her tenacious but pragmatic approach to dispute resolution has earned her respect from counsel on both sides of the “v.” Sarah’s experience spans a wide range of complex litigation, and her efforts have helped clients recover more than $2.3 billion in settlements.

William J. Kolasky, Partner
Hughes Hubbard & Reed LLP

Bill Kolasky is a partner in the Washington, DC, office of Hughes Hubbard & Reed. Specializing in antitrust, Bill has over 40 years of experience representing clients in antitrust litigation, including in major antitrust class actions in industries as varied as insurance, financial services, media, telecommunications, and wood pallets. In 2013, he received the Global Competition Review’s Lifetime Achievement Award for his accomplishments in private practice, government service, and antitrust scholarship.

Agenda:

James LangenfeldManaging Director

Berkeley Research Group, LLC

  • Class certification is a make or break step in most antitrust class actions.  If the class is not certified, then the case is usually dropped.  Certifying a class typically results in substantial settlement payments.to the plaintiffs.
  • Courts have found economic analyses, such as regressions, are critical for estimating damages and identifying whether substantially all class members were affected by the alleged antitrust conspiracy.
  • The recent En Banc 9th Circuit decision in Olean Wholesalers v. Bumblebee discusses in detail the economic experts’ analyses supporting and challenging class certification, and explains which analyses it considered most reliable.
  • There are clear lessons to be learned for both attorneys and economists from studying the En Banc Olean and other recent antitrust certification decisions.

James A. KeyteDirector of Global Development

The Brattle Group, Inc.

  • Class Issues: Averaging and the But For World (BFW)
  • Averages: Extreme Positions On Either Side Won’t Work
  • Averaging– Where the Battles Are Won and Lost
  • Class and The BFW: Fundamental But Not Always Clear

Sarah R. LaFrenierePartner

Hausfeld

  • The Daubert/Frye Test for Expert Testimony
  • A Gatekeeping Function
  • Circuits Differ on Application of Daubert at Class Certification Stage
  • Importance of Daubert Challenges to Litigants

William J. Kolasky, Partner

Hughes Hubbard & Reed LLP

  • Discovery from Absent Class Members
  • Issues on which Discovery from Absent Class Members May be Necessary
  • Downstream Discovery

Date & Time:

Tuesday, May 30, 2023

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

Who Should Attend:

  • Antitrust Lawyers and Consultants
  • Corporate Lawyers
  • M&A Lawyers
  • Compliance & Risk Executives
  • General/In-house Counsel
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SPEAKERS

James LangenfeldManaging Director
Berkeley Research Group, LLC
James A. KeyteDirector of Global Development
The Brattle Group, Inc.
Sarah R. LaFrenierePartner
Hausfeld
William J. KolaskyPartner
Hughes Hubbard & Reed LLP

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