Trends and Developments in Antitrust Class Certification: Best Strategies in Light of Recent Court Rulings

Broadcast Date: Wednesday, April 29, 2020 from 12:00 pm to 2:00 pm (ET)

Antitrust (CLE), Class Action (CLE), Recording

Overview:

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.

This LIVE Webcast will discuss the following:

Antitrust Class Certification: Trends and Updates
Techniques in Drafting Class Certification Motion
Notable Cases and Decisions
Compliance Tips and Strategies
2020 Outlook

Agenda:

SEGMENT 1:
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

SEGMENT 2:
Josh Palmer, PhD., Partner
applEcon

Economists’ role in class certification
How the presence and extent of uninjured class members may impact the economic analysis of:
- Antitrust injury and causation
- Damages

SEGMENT 3:
Daniel L. Brockett, Partner
Quinn Emanuel Urquhart & Sullivan, LLP

Class certification issues in financial market antitrust cases.

SEGMENT 4:
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.

Who Should Attend:

Antitrust Lawyers
Class Action Lawyers
General Counsel
Compliance Managers
Top Level Management

Josh Palmer, PhD. Partner applEcon

Josh earned a B.A. in Economics and Psychology from the University of Michigan in 2000 and joined applEcon as a …

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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 …

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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.

Dan Brockett, Chair of Quinn Emanuel’s Financial Institution Litigation practice, was recently ranked by Benchmark Litigation as one of the …

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David S. Stone Senior Managing Partner Stone & Magnanini LLP

David Stone, Managing Partner of the Stone & Magnanini Law Firm, has been voted one of the top complex litigation …

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Course Level:
Intermediate

Advance Preparation:
Print and review course materials

Method of Presentation:
On-demand Webcast

Prerequisite:
General knowledge of antitrust laws

Course Code:
148725

NY Category of CLE Credit:
Areas of Professional Practice

Total Credits:
2.0 CLE

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About applEcon

applEcon is an independent and respected resource for economic expertise and litigation support of attorneys, legal teams and businesses. We specialize in evaluating and quantifying the economic impact of firm conduct in antitrust and intellectual property litigation as well as regulatory economics. For more than 20 years, applEcon has been making a difference with fact-based analyses and conclusions resulting in notable and precedent-setting decisions.

EXPERTISE
Antitrust. Liability. Damages. Class Certification. Intellectual Property. Regulatory Economics.

Website: http://www.applecon.com/

About Wilson Sonsini Goodrich & Rosati

Wilson Sonsini Goodrich & Rosati is the premier legal advisor to technology, life sciences, and growth enterprises worldwide, as well as the venture firms, private equity firms, and investment banks that finance them.

We represent companies from entrepreneurial start-ups to multibillion-dollar global corporations at every stage of development. The firm's attorneys collaborate across a comprehensive range of practice areas and industry groups to help the management, boards of directors, shareholders, and in-house counsel of our clients address their most pressing challenges and pursue their most promising opportunities. The firm is nationally recognized for providing high-quality services to address the legal solutions required by its enterprise and financial institution clients. Our services include corporate law and governance, public and private offerings of equity and debt securities, mergers and acquisitions, securities class action litigation, intellectual property litigation, antitrust counseling and litigation, joint ventures and strategic alliances, technology licensing and other intellectual property transactions, tax, and employee benefits and employment law, among other areas.

Website: https://www.wsgr.com/

About Quinn Emanuel Urquhart & Sullivan, LLP

Quinn Emanuel is a 800+ lawyer business litigation firm—the largest in the world devoted solely to business litigation and arbitration with 23 global office locations. Firm lawyers have tried over 2,300 cases, winning 88% of them. When representing defendants, Quinn Emanuel’s trial experience gets better settlements or defense verdicts. When representing plaintiffs, Quinn Emanuel lawyers have won over $70 billion in judgments and settlements. Quinn Emanuel has also obtained five 9-figure jury verdicts, forty- three 9-figure settlements, and nineteen 10-figure settlements. FTI Consulting named Quinn Emanuel the biggest litigation firm in the world. The American Lawyer named Quinn Emanuel the top IP litigation firm in the U.S. and the firm as one of the top six commercial litigation firms in the country. We were voted six times as one of the four “most feared” firms by General Counsels at Fortune 500 companies — the lawyers they “least like to see” on the other side. The UK legal periodical, The Lawyer named us “International Firm of the Year.” Law360 selected us as Antitrust, Appellate, Banking, Class Action, Insurance, Product Liability, IP, White Collar, and Trials “Practice Groups of the Year.” Managing IP twice recognized us as having the “Best ITC Litigation Practice” and honored us with the “Patent Contentious West” award. Legal Business has named us “US Law Firm of the Year” three times, and our German offices have been named both IP Litigation and Patent Litigation Firm of the Year by JUVE, Germany’s most prestigious legal publication. Global Investigations Review, a leading legal periodical covering global white collar investigations, named us the “Most Impressive Investigations Practice of the Year.” Global Arbitration Review named us the 11th best arbitration practice in the world. Further information is available at www.quinnemanuel.com.

Website: http://www.quinnemanuel.com/

About Stone & Magnanini LLP

Named one of the Top 10 Boutique Law Firms in the U.S. by The National Law Journal, Stone & Magnanini LLP is a Firm of experienced and skilled trial attorneys, former law clerks and prosecutors trained at the best law schools and law firms in the Country. Our attorneys have significant experience both defending and prosecuting civil antitrust cases brought either as class actions or individual actions, and defending criminal antitrust matters. Handling antitrust matters requires not only a solid grounding in the complex law of antitrust, but also a deep understanding of business practices and economics. In cases being investigated by the government, Stone & Magnanini’s experience in dealing with the U.S. Justice Department, various U.S. Attorneys Offices and State Attorney Generals is invaluable to our clients.

Website: https://www.stonemagnalaw.com/