How to Effectively Use Expert Evidence in Class Action Cases
Acquiring class certification is a crucial step in a potential class action case. More often than not, plaintiffs use expert evidence in meeting the prerequisites needed to jumpstart the litigation process.
As the number of class action attorneys turning to expert evidence in supporting certain claims and opinions increases, the efficiency and admissibility of it is often at odds and may make or break a case.
This course offers an overview of the latest trends and best practices with respect to the use of expect evidence and how to improve its efficiency in class action cases. A panel of thought leaders and practitioners will help class action litigators better understand how to apply this trend to their company and/or clients.
This LIVE webcast will discuss the following key provisions:
- Expert Evidence in Class Action: Top Trends and Issues
- Effective Usage of Expert Evidence
- Common Risk and Pitfall Issues
- Practical Litigation Strategies
- Notable Cases
Renee McMahon, Vice President
Charles River Associates
- Interaction with experts, best practice etc.
Jonathan Schwartz, Senior Vice President
- Types of economic evidence used, Econometric and Non-econometric approaches, Review cases where different types of evidence used.
Chen Song, Ph.D., CFA, Senior Vice President
- Pressure points: how economic experts on opposing sides battle the issues on class certification and damages:
- Presented with the same evidence produced at the initial stage of discovery, why experts’ opinions may already differ;
- Identify strategic issues to engage experts during additional discovery;
- Prepare for the battle: the depo prep that arms the expert – tips from the experts’ perspective.
- Sharing insights as a neutral technical advisor in a class action:
- How to effectively use experts’ analyses to address the Court’s concern on the manageability of a class action trial.
Who Should Attend:
- Class Action Lawyers
- Class Action Litigators
- In-house Counsel
- General Counsel
- Private Companies
- Legal Consultants
- Legal Executives
- Litigation Officers
- Other interested/related Professionals and Organizations
Ms. McMahon is a vice president in the Chicago office of Charles River Associates. She has spent more than 18 years consulting with and advising clients on the financial and economic implications of business decision making, primarily related to litigation and bankruptcy-based damages and solvency analyses. Through her consulting work, Ms. McMahon has extensively analyzed the financial and operating characteristics of companies in a variety of industries, including telecommunications, retail, banking and financial services, franchising, fast food, automotive, manufacturing, securities, technology, and other consumer goods and services.
Ms. McMahon’s experience covers various types of disputes, including breach of contract and/or warranty, business merger and acquisition transactions, fraudulent transfer, unjust enrichment, and fraudulent and material misrepresentations, among others. She has provided expert testimony related to economic damages and has significant experience with all other aspects of case work, including overall project management and coordination, report drafting, deposition and trial preparation, review and assessment of other experts’ reports, financial modeling and analysis, and research on economic, financial, and accounting issues.
With regard to complex commercial claims, Ms. McMahon has analyzed damages and causation theories based on both lost profits and lost business value theories of economic recovery. Specifically with regard to bankruptcy, Ms. McMahon has managed numerous cases involving trustees’ attempts to avoid transfers of debtor property (or interests therein) pursuant to applicable fraudulent conveyance laws, and has analyzed solvency utilizing all three tests – balance sheet, ability to pay and capital adequacy. She has also performed valuation analyses in connection with reasonably equivalent value assessments.
Ms. McMahon holds a Bachelor of Science Degree in Finance from the University of Illinois at Urbana-Champaign (High Honors) and a Masters of Business Administration from the University of Chicago Booth School of Business (Honors). She also serves on the board of Illinois Legal Aid Online and is a member of various professional organizations.
Ms. McMahon is a vice president in the Chicago office of Charles River Associates. She has spent more than 18 …
Jonathan Schwartz, Senior Vice President at Nathan Associates, is an economist with expertise in industrial organization and finance. He has provided written or deposition testimony on a variety of subjects including class certification, damages and settlement allocations. Some of these matters include In re Dynamic Random Access Memory (DRAM) Antitrust Litigation; In re Transpacific Passenger Air Transportation Litigation; and Nuts for Candy v. Visa, Inc. Mr. Schwartz has conducted economic analysis of class certification, liability, and damages on many large antitrust class action matters. He also has experience analyzing damages in breach of contract, intellectual property, international arbitration and ERISA matters. Mr. Schwartz is a CFA charterholder, has a bachelor's degree in economics from the University of Maryland and a master's degree in economics from the University of California, Los Angeles.
Jonathan Schwartz, Senior Vice President at Nathan Associates, is an economist with expertise in industrial organization and finance. He has …
Dr. Song is an economist, CFA charter holder, and expert witness. Since receiving her Ph.D. in economics from the University of Chicago, she has provided consulting and expert testimony in single-plaintiff, multiple-plaintiff, and class action discrimination disputes, as well as class action wage and hour disputes. Dr. Song has studied labor market definition and has applied techniques in statistics and econometrics to examine companies’ employment practices: hiring, pay, promotion, termination, reduction in force, executive compensation, and pension benefits. Additionally, Dr. Song has conducted pay equity studies to assist companies with identifying potential gender or minority pay gaps. Dr. Song routinely works with various types of HR, time reporting, and large-scale transactional databases to help counsel with wage and hour class actions concerning unpaid wages, meal and rest break violations, and employee misclassification.
In addition to employment class actions, Dr. Song’s extensive experience in other types of class action litigation matters includes applying complex financial modeling tools, for example stock option valuation, Monte Carlo simulation, event-study in connection with alleged accounting fraud, damages calculations, stress testing, and regression analysis.
Dr. Song maintains a strong affiliation with the academic community. She taught courses on labor economics at the University of California, Irvine, and on financial institutions at California State University, Los Angeles. She currently teaches review courses on risk management for the Chartered Financial Analyst (CFA) program.
Dr. Song is an economist, CFA charter holder, and expert witness. Since receiving her Ph.D. in economics from the University …
Print and review course materials
Method of Presentation:
General knowledge of Civil Litigation
NY Category of CLE Credit:
Areas of Professional Practice
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About Charles River Associates
Charles River Associates is a leading global consulting firm that offers economic, financial, and strategic expertise to major law firms, corporations, accounting firms, and governments around the world.
With proven skills in complex cases and exceptional strength in analytics, CRA consultants have provided astute guidance to clients in thousands of successful engagements. We offer litigation and regulatory support, business strategy and planning, market and demand forecasting, policy analysis, and risk management consulting services.
Our success stems from the outstanding capabilities of our consultants, many of whom are recognized as experts in their respective fields; our close relationships with a select group of respected academic and industry experts; and from a corporate philosophy that stresses interdisciplinary collaboration and responsive service.
Headquartered in Boston, the firm has offices throughout the world.
About Nathan Associates
Nathan is a private international economic and analytics consulting firm that works with government and commercial clients around the globe. Nathan’s practice areas include International Development, Infrastructure Planning and Finance, Litigation & Expert Services, and Advisory Services.
Nathan’s Litigation & Expert Services group provides a full array of forensic, economic and financial analysis, including expert testimony. Nathan’s experts specialize in analysis related to commercial disputes, intellectual property, labor and employment, antitrust, and class action damages. Nathan’s staff includes economists, CFAs, and CPAs, skilled in the application of economics, statistics, accounting, finance and valuation.
Nathan has more than 350 professionals, working from offices in California, Virginia, Boston, Chennai, Delhi, and London.