Broadcast Date: Friday, December 13, 2024
from 12:00 pm to 1:30 pm (ET)
Overview:
Class certification decisions in antitrust litigation have increasingly become a decisive factor, often influencing the overall direction and outcome of cases. The ability to proceed as a class action can significantly impact legal strategies for both plaintiffs and defendants, making it essential to stay informed on the evolving landscape.
Join our panel of experts as they explore the latest trends and key developments in class certification decisions within antitrust litigation. This session will provide an in-depth analysis of recent rulings and their implications, with a focus on standing issues for absent class members, the role of Daubert challenges in expert testimony.
They will also explore the importance and complexities of data analysis in the context of class actions and issues of merits. This includes guidance to lawyers in the management of data analysis and potential roles of experts. New large and complex datasets require effective strategies in class action litigation.
Key topics include:
- Standing of Absent Class Members
- TransUnion and Current Circuit Caselaw
- Discuss the Supreme Court’s 2021 TransUnion decision which clarified that “every class member must have Article III standing in order to recover damages,” while simultaneously leaving open “the distinct question whether every class member must demonstrate standing before a court certifies a class.”
- Highlight the ways in which lower courts have applied these principles of absent class member standing when deciding motions for class certification, with a particular focus on issues pertinent to antitrust class actions.
- TransUnion and Current Circuit Caselaw
- Daubert Motions Relating to Expert’s Use of Data
- Notable Recent Decisions
- Discuss the recent use of Daubert to overturn the jury verdict in C.D. Cal. in In re NFL “Sunday Ticket” Antitrust Litigation, to highlight not only the importance of Daubert challenges at various stages of the litigation (class cert., summary judgment, trial), but also the different considerations at each stage.
- Strategies and Risks: The Role of Large and Complex Data in Litigations
- Notable Recent Decisions
- What lawyers should know regarding the risks and value of data analysis in antitrust, class actions and litigations
- New and emerging roles of data use example in antitrust litigation
- Using real-world data analysis to test hypothetical but-for worlds
- Data analysis: risks and rewards in litigation
- Role of data in establishing a proper class and scientifically sound merits analysis
- Role of the lawyer in maximizing value, recognizing risk, and managing costs
Credit:
Course Level:
Intermediate
Advance Preparation:
Print and review course materials
Method of Presentation:
On-Demand Webcast
Prerequisite:
General knowledge of antitrust class certification
Course Code:
1410479
NY Category of CLE Credit:
Areas of Professional Practice
Total Credits:
CLE Credit:
CA CLE 1.50 General - Approved Until: 12/13/2026
PA CLE 1.50 General - Approved Until: 12/13/2026
VT CLE 1:50 General - Approved Until: 12/31/2025
NJ CLE 1:50 General - Credits through Reciprocity
NY CLE 1.50 Areas of Professional Practice - Credits through Reciprocity
AR CLE 1.50 General - Credits through Reciprocity
CT CLE 1.50 General - Credits through Reciprocity
NH CLE 1.50 General – Meets the requirements of NH Supreme Court Rule 53
MO CLE 1.50 General - Approved Until: 12/13/2024
TN CLE 1.50 General - Approved Until: 12/13/2025
WI CLE 1.50 General - Approved Until: 12/31/2025
MS CLE 1.50 General - Approved Until: 12/13/2026
GA CLE 1.50 General - Approved Until: 12/31/2024
Self-Apply:
AL, CO, DE, FL, ID, IN, IO, KS, KY, LA, NC, ME, MN, MT, NE, NV, NM, ND, OH, OK, OR, SC, TX, UT, VA, WA, WV, WY
If you’d like us to apply for CLE, you may opt to pay the CLE processing fee here.
No MCLE Requirements:
DC, MD, MA, MI, SD
Not Eligible for CLE:
AK, AZ, HA, IL
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/
CPE State Requirements:
Speaker Panel:
Gary Harvey, President & CEO
Cirque Analytics
Gary Harvey has served as an expert witness in litigation, arbitration, and regulatory proceedings involving statistical analyses, evaluation of damages, commercial disputes, antitrust, sample design and analysis, survey design and analysis, payment card market analysis, payment card industry data analysis, TV broadcast data analysis, conjoint analysis, copyright infringement, patent infringement, consumer product performance, epidemiology, toxic tort analysis, insurance claims analysis, medical claims analysis, healthcare fraud claims analysis, victims of human trafficking, claims of false advertising, unfair competition and monopolization, environmental damage, disparate impact, disparate treatment, and class certification. He also has extensive business consulting experience involving statistical analysis, data analysis, survey design, sampling design, modeling, and financial analysis. His clients include Visa, major US banks, MLB, NCAA, NFL, Meta, Monsanto, 17 major US universities, and many others.
Brian W. Anderson, Associate Attorney
Gibson, Dunn & Crutcher LLP
Brian W. Anderson is a litigation associate in the Orange County office of Gibson, Dunn & Crutcher where he is a member of the firm’s Litigation Department, the Antitrust Practice Group, and the Class Action Practice Group. His practices focuses on antitrust litigation as well as civil litigation in various substantive areas of law.
Winthrop S. Jordan, Associate
Hughes Hubbard & Reed LLP
Winthrop Jordan is an associate in Hughes Hubbard’s Washington, D.C. office. He is a member of the firm’s Litigation Department, focusing primarily on defending antitrust and securities class actions.
He also is actively involved in the firm’s pro bono practice, assisting in the representation of indigent individuals in various criminal and habeas corpus proceedings.
Agenda:
Gary Harvey, President & CEO
Cirque Analytics,
Brian W. Anderson, Associate Attorney
Gibson, Dunn & Crutcher LLP,
and
Winthrop S. Jordan, Associate
Hughes Hubbard & Reed LLP
- Standing of Absent Class Members
- TransUnion and Current Circuit Caselaw
- Discuss the Supreme Court’s 2021 TransUnion decision which clarified that “every class member must have Article III standing in order to recover damages,” while simultaneously leaving open “the distinct question whether every class member must demonstrate standing before a court certifies a class.”
- Highlight the ways in which lower courts have applied these principles of absent class member standing when deciding motions for class certification, with a particular focus on issues pertinent to antitrust class actions.
- TransUnion and Current Circuit Caselaw
- Daubert Motions Relating to Expert’s Use of Data
- Notable Recent Decisions
- Discuss the recent use of Daubert to overturn the jury verdict in C.D. Cal. in In re NFL “Sunday Ticket” Antitrust Litigation, to highlight not only the importance of Daubert challenges at various stages of the litigation (class cert., summary judgment, trial), but also the different considerations at each stage.
- Strategies and Risks: The Role of Large and Complex Data in Litigations
- Notable Recent Decisions
- What lawyers should know regarding the risks and value of data analysis in antitrust, class actions and litigations
- New and emerging roles of data use example in antitrust litigation
- Using real-world data analysis to test hypothetical but-for worlds
- Data analysis: risks and rewards in litigation
- Role of data in establishing a proper class and scientifically sound merits analysis
- Role of the lawyer in maximizing value, recognizing risk, and managing costs
Date & Time:
Friday, December 13, 2024
12:00 pm to 1:30 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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