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Overview:

The past year has brought significant developments in the antitrust class action context, leaving questions and issues over the certification process standards. Aside from the litigation challenges caused by the shifting rules, US courts are also reinforcing their probe of proposed classes making it increasingly difficult to obtain early class decisions.

Judicial decisions in recent years have increased the requirements for antitrust appeals. Thus, litigators must always be in the loop of all emerging trends and considerations to litigate putative class actions efficiently and effectively.

Our panel of key thought leaders and practitioners will offer a discussion of the evolving standards in antitrust class certification as well as the significant issues surrounding this area of law. This LIVE Webcast aims to help you navigate the challenges in litigating antitrust class certification issues.

Some of the major topics that will be covered in this course are:

  • Recent Antitrust Class Certifications
  • Notable Court Decisions
  • Significant Developments
  • Litigation Trends and Strategies
  • Emerging Issues and Challenges

Credit:

Course Level:

Intermediate

 

Preparation:

Print and review course materials

 

Method of Presentation:

Live Webcast

 

Prerequisite:

General knowledge of antitrust class certification

 

Course Code:

149802

 

NY Category of CLE Credit:

Areas of Professional Practice

 

Total Credit:

1.5 CLE

Speaker Panel:

Fara Tabatabai, Partner
Hughes Hubbard & Reed LLP

Fara Tabatabai is a partner and experienced litigator in Hughes Hubbard & Reed’s New York office.  Her practice focuses on complex commercial and products liability litigation and arbitration.  She represents U.S. and international clients in a variety of industries and has served as litigation and trial counsel in numerous high-stakes domestic and international disputes.  She has particular experience in multi-district and cross-border disputes and acted as counsel to the European debtors of the Nortel Networks enterprise in the first U.S.-Canadian cross-border trial in history.  In 2019, the New York Law Journal selected Fara as one of the New York legal profession’s “Rising Stars.” Crain’s New York Business Magazine also selected Fara as one of its “Notable Women in Law” for 2020.

Stefan Boedeker, Managing Director
Berkeley Research Group, LLC

Stefan Boedeker is a managing director with BRG’s Economics and Damages practice, where he is heading up the statistical consulting practice dealing among other things with antitrust class actions in general and the class certification phase in antitrust class actions in particular.

Mr. Boedeker has provided economic, financial, and statistical consulting and expert services to clients across a wide range of industries, including healthcare, pharmaceuticals, life sciences, high technology, entertainment, manufacturing, retail, real estate, insurance, and financial services, and federal, state, and local governments. He has issued hundreds of expert reports and given deposition and trial testimony in state and federal courts, arbitrations, and regulatory hearings over 170 times.

Daniel McCuaig , Partner
Cohen Milstein Sellers & Toll PLLC

Dan McCuaig is an Antitrust Partner at Cohen Milstein. Currently, among other matters, he is counsel to putative classes in Iowa Public Employees’ Retirement System v. Bank of America Corporation (S.D.N.Y.) and In Re da Vinci Surgical Robots Antitrust Litigation (N.D. Cal.). Mr. McCuaig joined Cohen Milstein from the Antitrust Division at the U.S. Department of Justice, where, among other matters, he oversaw the government’s investigation into the e-books price fixing conspiracy litigated in In Re Electronic Books Antitrust Litigation (S.D.N.Y.), played a principal role in the government’s trial establishing Apple’s participation in that conspiracy, and cross-examined Anthem expert economist Robert Willig in the Antitrust Division’s successful challenge to the proposed merger between Anthem and Cigna.

Agenda:

SEGMENT 1:

Fara TabatabaiPartner

Hughes Hubbard & Reed LLP

  • Predominance. Whether Plaintiffs must be able to show that they can use common methods of proof to demonstrate antitrust injury to “all or all substantially all” class members in order to have a class certified.  This issue is currently pending before the Ninth Circuit en bank in Olean Wholesale Grocery Coop. v. Bumblebee Foods, 993 F.3d 774, 791-93 (9th Cir. 2021) (pet. for reh’g en banc pending)
  • Discovery of absent class members.  Whether defendants in an antitrust class action are allowed to take discovery of absent class members to develop evidence on the predominance and typicality issues in cases where there are only a small number of named plaintiffs.

SEGMENT 2:

Stefan Boedeker, Managing Director

Berkeley Research Group, LLC

  • The role of the economic expert in advancing the discussion about rigorous analysis and merits-related issues at the class certification stage.
  • Plaintiffs’ experts:  Develop strategies that focus on the economic framework and the discovery materials needed to justify class certification.
  • Defendants’ experts:  Develop strategies that test the viability of the methodology being proposed by plaintiffs to determine whether the questions and evidence necessary to show injury and causation are, in fact, common among proposed class members

SEGMENT 3:

Daniel McCuaig Partner

Cohen Milstein Sellers & Toll PLLC

  • Mass arbitrations. The defense bar’s successes in limiting access to class action litigation, coupled with a burgeoning litigation funding industry, has given rise to the “mass arbitration” phenomenon, in which plaintiff firms represent hundreds or thousands of plaintiffs with claims raising common issues in individual arbitrations. Mass arbitrations can be more costly for both plaintiffs and defendants than class litigation, and addressing the phenomenon has become an important issue of corporate legal strategy.

 

Date & Time:

Wednesday, February 09, 2022

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

A recording will be available to view 24-48 hours after the live date.

Materials:

Coming Soon.

Please check back again later.

Who Should Attend:

  • Antitrust Lawyers and Consultants
  • Trial Lawyers
  • Class Action Lawyers
  • General Counsel
  • Paralegals
  • Compliance Executives
  • Litigation Officers

SPEAKERS

Fara TabatabaiPartner
Hughes Hubbard & Reed LLP
Stefan BoedekerManaging Director
Berkeley Research Group, LLC
Daniel McCuaig Partner
Cohen Milstein Sellers & Toll PLLC

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