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Effective Use of Statistical Sampling in Class Action Litigation: Defense Strategies in 2018

Effective Use of Statistical Sampling in Class Action Litigation: Defense Strategies in 2018

Live Webcast Date: Thursday, July 19, 2018 at 12:00 pm - 2:00 pm (ET)
Legal Recording

The U.S. Supreme Court decision in Tyson Foods, Inc. v. Bouaphakeo (2016) has created a significant landmark on the use of representative evidence in the form of statistical sampling in support of a class certification. With the increasingly complex wage and hour litigation landscape, attempts to use statistical evidence as proof of prima facie case under FLSA have become more common.

In this Webcast, a panel of thought leaders and professionals will discuss the fundamentals and most significant aspects of using statistical sampling in class action litigation. Speakers will identify strategic approaches and provide a comprehensive review of statistical sampling techniques to leverage the effectivity of statistical evidence. They will also present practical tips and strategies to avoid potential risks and pitfalls.

Key topics include:

  • Statistical Sampling Framework and Legal Landscape
  • The Use of Statistical Sampling in Class Action Litigation
  • Challenges and Legal Obligations
  • Scope and Considerations
  • Recent Court Decisions
  • Trends, Updates and What Lies Ahead

Who Should Attend

  • Labor and Employment Litigation Attorneys
  • Employment Class Action Lawyers
  • Employers
  • Employees
  • Top Level Management
  • In-house Counsel
  • General Counsel
  • Litigation Officers
  • Other Interested Professionals

Faculty

Dr. Ignacio Franceschelli

Dr. Ignacio Franceschelli
Senior Consultant
NERA ECONOMIC CONSULTING

Greg Mersol

Greg Mersol
Partner
Baker & Hostetler LLP

Peter P. Simon

Peter P. Simon
Vice President
Analysis Group

Cary A. Elliott, Ph.D.

Cary A. Elliott, Ph.D.
Senior Economist
Resolution Economics Group, LLC.

SEGMENT 1:
Dr. Ignacio Franceschelli, Senior Consultant
NERA ECONOMIC CONSULTING
  • The use of statistical sampling in large-scale residential mortgage-backed securities (RMBS) litigation.
  • Advantages and disadvantages of using samples in matters involving thousands of loans.
  • Trends and recent decisions in RMBS cases. Examples of cases resolved in favor and against the use of samples.
  • Sampling and damage models at the class-certification stage.

SEGMENT 2:
Greg Mersol, Partner
Baker & Hostetler LLP

1. The conflict as to whether Daubert standards apply at the class certification stage;

2. Strategic considerations affecting the use (or avoidance) of Daubert standards;

3. The application of Daubert standards at the merits stage.


SEGMENT 3:
Peter P. Simon, Vice President
Analysis Group
  1. Ways samples used in class certification can be critiqued (somewhat technical; provide examples by sample aspect - population, sampling frame, selection, extrapolation, etc.);
  2. Given a valid sample, one can test the plaintiffs’ contention of commonality (explain; provide example);
  3. Given a valid sample, one can test ascertainability of class members through use of defendant-provided data (explain; provide example).

SEGMENT 4:
Cary A. Elliott, Ph.D., Senior Economist
Resolution Economics Group, LLC.

1. Statistical sampling is a powerful tool for introducing fact-based evidence in a cost-efficient way in

   class-action litigation. (Discuss main concepts)

2. Sampling techniques (SRS, Stratification, Clustering)

3. Examples of the use of statistical sampling techniques in labor and employment matters

4. Discussion of class action sampling issues from an L&E perspective


Dr. Ignacio Franceschelli

Dr. Ignacio FranceschelliSenior ConsultantNERA ECONOMIC CONSULTING

Dr. Franceschelli is a Senior Consultant in NERA’s Securities and Finance Practice. He specializes in the analysis of complex securities including mortgage-backed securities and collateralized debt obligations.

Since joining NERA he has provided support to expert testimony related to the credit crisis and the resultant litigation. He has managed projects involving RMBS litigation and his work comprises the analysis of securitized mortgage loans including sampling design and mortgage default and loss severity econometric models to estimate future collateral losses. He has also analyzed the factors that influence loan pricing in projects concerning mortgage discrimination claims.

Greg Mersol

Greg MersolPartner Baker & Hostetler LLP

Greg Mersol's practice focuses on the resolution of complex disputes arising in the workplace, including large scale, class action, and collective action litigation. He has been responsible for cases involving a panoply of issues ranging from ERISA disputes; to state and federal wage and hour claims; age, sex, race and disability discrimination actions; and litigation arising out of claimed breaches of collective bargaining agreements. Greg has litigated multiple nationwide class and collective actions, and has handled cases in the state or federal courts across the country. He has also successfully handled appeals throughout the circuit courts and to the United States Supreme Court.

Greg serves as the editor and a contributor for BakerHostetler's Employment Class Action blog (www.employmentclassactionreport.com), providing commentary on developments in employment class actions and litigation trends affecting employers

Peter P. Simon

Peter P. SimonVice PresidentAnalysis Group

Dr. Simon is an applied microeconomist with specific expertise in using econometric techniques to analyze complex business issues. He has managed case teams addressing matters related to class certification, securities, intellectual property, antitrust, business valuation, and general damages. Dr. Simon has analyzed various aspects of proposed classes in class action suits, including variation in measures of class member harm and class member characteristics. Part of his work includes evaluating sampling procedures and methodologies, designing and selecting random samples, and serving as an expert on sampling-related issues in several large litigations. For example, Dr. Simon has conducted a statistical analysis of product-defect rates, the design of complex cluster sampling plans for the investigation of a nationwide medical practice, and the application of statistical techniques to show the degree to which promotions affected revenue streams. He has conducted empirical research and published on a number of topics, including the combined use of survey and real-world data in litigation.

Cary A. Elliott, Ph.D.

Cary A. Elliott, Ph.D.Senior EconomistResolution Economics Group, LLC.

Cary Anthony Elliott is a Senior Economist at Resolution Economics LLC, an economics and statistics consulting firm with offices in Los Angeles, Chicago, Washington, D.C. and New York. He holds a Ph.D. in economics from Princeton University. Prior to joining Resolution Economics, Dr. Elliott worked as a senior economist in the executive and legislative branches of the Federal Government; he provided statistical analysis and policy advice to top government executives and members of Congress and their staff. In addition to his years of government service, he has worked as a senior consultant and research manager on various litigation matters.

Dr. Elliott has a wide range of experience applying economic and statistical techniques in public policy and legal matters. He has worked as a consultant and supported expert testimony in labor and employment cases, major antitrust cases, asbestos liability claims matters, and in multidistrict litigation alleging fraud in pharmaceutical pricing. Throughout his career, Dr. Elliott has specialized in answering specific and non-routine empirical questions that arise in the context of complex litigation and public policy. His experience includes analyzing large public access government databases, and constructing analytical datasets from disparate sources within private firms including payroll data and other financial data. Dr. Elliott is experienced in analyzing potential liability and calculating damages in a wide variety of employment matters, including wrongful termination, compensation, hiring, promotions, and FLSA wage and hour claims.

Course Level:
   Intermediate

Advance Preparation:
   Print and review course materials

Method Of Presentation:
   On-demand Webcast

Prerequisite:
   Basic Knowledge in Civil Litigation

Course Code:
   147189

NY Category of CLE Credit:
   Skills

Total Credits:
   2.0 CLE

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About the Knowledge Group

The Knowledge Group

The Knowledge Group has been a leading global provider of Continuing Education (CLE, CPE) for over 13 Years. We produce over 450 LIVE webcasts annually and have a catalog of over 4,000 on-demand courses.

About the Knowledge Group

The Knowledge Group

The Knowledge Group has been a leading global provider of Continuing Education (CLE, CPE) for over 13 Years. We produce over 450 LIVE webcasts annually and have a catalog of over 4,000 on-demand courses.

NERA Economic Consulting (www.nera.com) is a global firm of experts dedicated to applying economic, finance, and quantitative principles to complex business and legal challenges. For over half a century, NERA's economists have been creating strategies, studies, reports, expert testimony, and policy recommendations for government authorities and the world’s leading law firms and corporations. We bring academic rigor, objectivity, and real world industry experience to bear on issues arising from competition, regulation, public policy, strategy, finance, and litigation.

Website: http://www.nera.com/

Recognized as one of the top firms for client service, BakerHostetler is a leading national law firm that helps clients around the world to address their most complex and critical business and regulatory issues. With five core national practice groups – Business, Employment, Intellectual Property, Litigation and Tax – the firm has more than 940 lawyers located in 14 offices coast to coast. BakerHostetler is widely regarded as having one of the country’s top 10 tax practices, a nationally recognized litigation practice, an award-winning data privacy practice and an industry-leading business practice. The firm is also recognized internationally for its groundbreaking work recovering more than $12 billion in the Madoff Recovery Initiative, representing the SIPA Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC. Visit bakerlaw.com.

Website: https://www.bakerlaw.com/

Analysis Group is one of the largest economics consulting firms, with more than 850 professionals across 14 offices in North America, Europe, and Asia. Since 1981, we have provided expertise in economics, finance, health care analytics, and strategy to top law firms, Fortune Global 500 companies, and government agencies worldwide. Our internal experts, together with our network of affiliated experts from academia, industry, and government, offer our clients exceptional breadth and depth of expertise.

Resolution Economics provides sophisticated economic, statistical and financial analyses, forensic investigations, forensic technology, dispute advisory, expert testimony, and specialized technology and analytic solutions to leading law firms, Fortune 500 companies, and government agencies.

The firm has provided expert testimony in class-action, multi-plaintiff and single plaintiff employment matters alleging discrimination in employment practices on the basis of age, race, gender, national origin, and ethnicity.  The experts at Resolution Economics have managed complex, high profile litigation and compliance matters, many of which were national in scope.  The Labor and Employment team is one of the most experienced in the nation at analyzing class certification and merits issues in class-action discrimination disputes, and are experienced in handling complex wage and hour matters as well.

Website: http://www.resecon.com/