Utilizing Statistical Sampling to Prove Causation in Class Action Litigation: Practical Tips and Strategies Explored
In recent years, the use of statistical sampling to prove causation in a class action litigation has become a recurring issue. With the proliferation of class action lawsuits, courts are conceiving the idea of having advanced inference techniques on causation to test class claims while upholding the defendant's rights. They have stressed that the causal factors on causation are individual and class-wide determination of general causation doesn’t succor the burden of showing individualized proof of specific causation.
A recurring need for this arises in class action disputes in which the court needs to evaluate the alleged conducts among class members. Statistics are accepted ways of providing representative evidence in this situation. Disabling the use of statistical evidence in litigation could have wide implications in various legal contexts.
In this LIVE Webcast, a panel of thought leaders and professionals assembled by The Knowledge Group will provide the audience with an in-depth analysis of the use of Statistical Sampling to Prove Causation in Class Action Litigation. Speakers will also present tips as well as strategies in utilizing statistical evidence while avoiding possible risks and pitfalls.
This LIVE Webcast will discuss the following key provisions:
- Statistical Sampling and Causation
- The Use of Statistical Sampling to Prove Causation
- Implications to Legal Contexts
- Litigation Strategies
Benjamin Wilner, Managing Director
Alvarez & Marsal Holdings, LLC
- Statistics puts single observations into context
- Sample size determination affects the amount of work that needs to be performed
- Sample size determination is an art and a science
- Sample selection procedure
- Need to ensure that you are extrapolating to the correct population
- Sampling frame vs. population differences
- Subgroups can affect the analysis
- What is Margin of Error
- Differences between sampling people and data
Samantha Iyengar, Senior Consultant
NERA Economic Consulting
- Use of sample surveys in product liability class action litigation
- Determine who uses a product and how it is used
- Determine a defect or failure rate
- Determine consumer reliance on and materiality of the product
- Determine what a “reasonable consumer” would expect of the product
- Provide inputs to model the “but-for” world for damage claims
- Analyze requirements for class certification – i.e., numerosity, typicality, commonality
- Designing and evaluating sample surveys for litigation
- Defining the population
- Ensuring the sample is representative
- Determining the necessary sample size
- Potential issues
- Weighting sample data
- Variability across the class period
- Variability across location
- Control or comparison groups
Adam Wolfson, Partner
Quinn Emanuel Urquhart & Sullivan, LLP
- The "all or virtually all" standard that has arisen in class certification jurisprudence creates special challenges for statistical approaches to common impact
- Inconsistent impact conclusions for similarly-situated class members
- No or negative damages for a non-de minimis number of class members
- Lack of clarity on how many are "too many" (and Circuit differences on whether it even matters; eg, Seventh v DC Circuits)
- False positives (injuries to entities that should not be injured)
- Statistical noise for class members with little to no data
Who Should Attend:
- Class Action Lawyers
- Litigation Attorneys
- Litigation Officers
- Corporate Counsel
Adam Wolfson is a partner in Quinn Emanuel’s Los Angeles office whose practice focuses on both plaintiff and defense-side representations in high-stakes complex commercial and intellectual property disputes. Adam has extensive experience in all types of complex litigation, with a particular focus in cases involving antitrust law, products liability, class and mass actions, unfair competition, trade secret misappropriation, and patent and copyright infringement. To date, he has helped clients obtain more than $5 billion in recoveries, stemming from both trial verdicts and settlements. On the defense side, he has helped clients avoid liability for multiples of that number.
Adam currently serves on the Board of Visitors for UCLA’s Political Science Department and regularly publishes on issues related to trial practice and the areas of law in which he practices. He has been named a Rising Star by SuperLawyers since 2016 for both the Los Angeles and New York Metro regions, and was named by Legal 500 USA as a Recommended Lawyer in the Antitrust Litigation category.
Adam Wolfson is a partner in Quinn Emanuel’s Los Angeles office whose practice focuses on both plaintiff and defense-side representations …
Dr. Samantha Iyengar is a Senior Consultant in NERA’s Intellectual Property Practice. She specializes in survey research, sampling, and statistical analysis, and has applied her expertise to matters involving class action, intellectual property and other litigation, as well as market research and criminal justice issues. Dr. Iyengar’s work has involved survey design and application, sample design and estimation, and data management and analysis. Dr. Iyengar has worked on a variety of survey and sampling litigation projects, including false advertising, purchase and use behaviors, likelihood of confusion, patent issues, wage and hour, and other issues involving consumer perceptions and behavior. She has submitted written reports relied upon in mediation. She also has experience using discrete choice methodology, such as conjoint and MaxDiff surveys, to quantify consumer demand for particular characteristics and features that make up individual products or services.
Dr. Samantha Iyengar is a Senior Consultant in NERA’s Intellectual Property Practice. She specializes in survey research, sampling, and statistical …
Dr. Benjamin Wilner is a Managing Director at Alvarez & Marsal and a former Big Ten finance and statistics professor who testifies in court and consults for corporations and government entities. Not only does he bring the modeling skills he honed working with three Nobel Laureate economists (including one who won for statistical modeling) to his consulting work as well as his work on behalf of plaintiffs and defendants, but he also utilizes his award-winning teaching experience to explain his models in plain English to clients, judges, juries and attorneys. In addition to having testified in several class action and single plaintiff matters, Dr. Wilner practically applies his statistical experience outside of the courtroom. For example, he assisted a major automobile manufacturer revise its warranty process. Dr. Wilner also constructed a statistical model to reset prices underlying a $2.5 billion annual tariff for which he won a special commendation from the Commissioner of U.S. Customs and Border Protection.
Dr. Benjamin Wilner is a Managing Director at Alvarez & Marsal and a former Big Ten finance and statistics professor …
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Method of Presentation:
On-demand Webcast (CLE)
General knowledge of class action litigation
NY Category of CLE Credit:
Areas of Professional Practice
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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 five 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.
About NERA Economic Consulting
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.
About Alvarez & Marsal Holdings, LLC
Alvarez & Marsal is a leading global professional services firm that provides advisory, business performance improvement, turnaround management and expert witness services. With over 4,000 professionals across four continents, we deliver tangible results for law firms, corporates, boards, private equity firms and government agencies facing complex challenges. Comprised of experienced operators, world-class consultants, former regulators and industry authorities, A&M leverages its restructuring heritage to turn change into a strategic business asset, manage risk and unlock value at every stage of growth.
A&M professionals draw on their expertise in litigation consulting, business investigations, forensic technology and expert testimony to provide clients with the solutions they seek to achieve their goals. Our team is comprised of a diverse group of seasoned experts in major markets and financial centers throughout the world. Our experience provides us with a unique ability to articulate complex findings in a clear and meaningful manner. Our team is experienced in working with outside counsel, boards of directors, audit and special committees, fiduciaries (examiners, monitors, trustees, etc.) and with the management team of public and privately-held companies.