Antitrust class certification has become more intricate over the years. The proliferation of lawsuits, court rulings, and regulatory trends continue to shed light on the evolving process and analysis of class certification.
The challenge remains on how plaintiffs and defendants will justify the merits of the claim. Thus, it becomes imperative that they are abreast of further developments and best practices in this landscape. Legal counsel must also proactively and carefully plan their strategies to successfully navigate their way through litigation.
Join a panel of key thought leaders and practitioners assembled by The Knowledge Group as they provide the audience with a comprehensive discussion of the emerging trends and developments in antitrust class certification. Speakers will also provide helpful tips and strategies to avoid pitfalls in light of recent case rulings.
Josh earned a B.A. in Economics and Psychology from the University of Michigan in 2000 and joined applEcon as a staff analyst in 2002. Since earning his Ph.D. in Economics from the University of California at Berkeley in 2011, his consulting experience includes serving as the project director in charge of calculating overcharges and damages in a variety of antirust cases, including the IPP class actions In re TFT-LCD (Flat Panel) Antitrust Litigation, In re Cathode Ray Tube (CRT) Antitrust Litigation, and In re Automotive Parts Antitrust Litigation. Josh has also been retained as an expert witness to establish causation and calculate damages on behalf of plaintiffs seeking lost wages under the Fair Standards Act.
Thu Hoang, Associate Wilson Sonsini Goodrich & Rosati
Thu Hoang is an associate in the Washington, D.C., office of Wilson Sonsini Goodrich & Rosati, where her antitrust practice focuses on pharmaceutical and high-tech industries. Thu’s work includes representing plaintiffs and defendants in litigations, and counseling clients regarding merger clearance issues, business practices, and civil investigations. She has worked on high-profile matters and clients, including Mylan v. Celgene, In re Glumetza Antitrust Litigation, Broadcom/Brocade, and T-Mobile/Sprint.
Daniel L. Brockett, Partner Quinn Emanuel Urquhart & Sullivan, LLP
Dan Brockett, Chair of Quinn Emanuel’s Financial Institution Litigation practice, was recently ranked by Benchmark Litigation as one of the Top 100 Trial Lawyers in America for 2018. He has been called an “elite trial strategist” by his peers, and has been consistently ranked among the top litigators by multiple leading publications. Law360, for example, recently recognized Mr. Brockett as a “Competition MVP,” and in 2016 the National Law Journal named him one of its “Litigation Trailblazers.” He has achieved national prominence primarily for his work in the areas of securities, antitrust, commodities, and structured finance and derivatives litigation. Known as a cut-to-the-chase litigator with significant jury trial experience, Mr. Brockett has recovered billions for major institutional clients in federal securities, antitrust, and other suits against major Wall Street banks and other defendants. He is particularly known for his work in the plaintiff antitrust, securities, and commodities space, and was recently chosen by judges in the SDNY as co-lead counsel in an array of precedent-setting cases, including the credit default swaps antitrust case; the gold antitrust and commodity manipulation case; the ISDAfix interest rate benchmark case; the US Treasuries antitrust litigation; and the SSA bonds antitrust litigation. Mr. Brockett has served as lead trial counsel in over 20 major bench and jury trials and arbitrations, winning 90 percent of them. He has recovered billions of dollars in verdicts, awards and settlements for his clients during his career, including approximately $1.9 billion in a recent, highly-publicized settlement of the credit default swap antitrust litigation, in which Mr. Brockett acted as co-lead counsel for the plaintiff class, and the recently-announced $508 million partial settlement in the ISDAfix case, in which Mr. Brockett also represents a class of sophisticated investors. His work has won him extensive media attention and he has been interviewed by and featured in a variety of legal media publications, including CNBC, Reuters, Bloomberg, Risk Magazine, and the American Lawyer.
David S. Stone, Senior Managing Partner Stone & Magnanini LLP
Thu Hoang, Associate
Wilson Sonsini Goodrich & Rosati
Overview of legal standard for class cert
Survey of recent developments at district courts and courts of appeal levels, with focus on pharmaceutical cases
Brief observations regarding class cert strategies from defendants’ perspective
Josh Palmer, PhD., Partner
Economists’ role in class certification
How the presence and extent of uninjured class members may impact the economic analysis of:
Antitrust injury and causation
Daniel L. Brockett, Partner
Quinn Emanuel Urquhart & Sullivan, LLP
Class certification issues in financial market antitrust cases.
David S. Stone, Senior Managing Partner
Stone & Magnanini LLP
Challenges posed to class certification in antitrust cases as a result of recent Circuit Court and Supreme Court decisions.
current legal standards for class certification under Rule 23(b)(3), and recent notable precedents
the complexities surrounding the use of experts to certify such classes
the challenges plaintiffs are likely to encounter, including imprecision in the current legal standards, data intensive discovery, higher costs, and the unexpected complexities involving Special Masters, court-appointed Technical Advisors, Daubert motions, and sealing issues that may arise during this stage of the litigation.