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The Impact of Recent Class Certification Decisions in Antitrust Litigation


Level: Intermediate
Runtime: 87 minutes
Recorded Date: May 30, 2023
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Agenda

Key topics include:
  • What lessons to take away from the Ninth Circuit decision in Olean Wholesalers
  • How courts are now treating the use of regression models to prove classwide impact
  • How to use Daubert motions effectively on class certification
  • Emerging issues on the scope of discovery in antitrust class actions

For NY - Difficulty Level: Both newly admitted and experienced attorneys

Description

Over the past three years, leaders of US antitrust agencies have been driving antitrust enforcement into the public consciousness. While fewer antitrust actions were filed in 2022, of the number of private antitrust class actions growing out of criminal and civil investigations conducted by the two agencies is likely to increase over the next few years. It may also reshape the way courts view these private antitrust class actions, and whether they are more likely to deny motions to dismiss and to be more inclined to grant class certification is up for debate. The potential damages in many of these cases run into the hundreds of millions, some a billion dollars or more.

To help you and your clients understand where we are and stay ahead of the curve, this webinar will examine recent decisions in antitrust class actions, such as the Ninth Circuit’s en banc decision last fall granting class certification in Olean Wholesalers v. Bumblebee. The speakers will identify key issues and emerging trends and will suggest strategies for addressing them.

Join a panel of experienced antitrust lawyers and economists for a lively discussion reflecting both plaintiff's and defendant's points of view.

Provided By

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Panelists

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James A. Keyte

Director of Global Development
The Brattle Group, Inc.

As the Director of Global Development, Mr. Keyte plays a lead role in growing Brattle’s antitrust practice and defining a new level of quality for economic consulting.

His extensive practical experience, along with his deep antitrust expertise, gives Brattle a competitive advantage in producing top-quality expert work products across all competition subject areas. Mr. Keyte is directly engaged in marketing, training, and quality review across all of Brattle’s competition and antitrust engagements both in the US and globally.

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Sarah R. LaFreniere

Partner
Hausfeld

Sarah LaFreniere is a partner at the law firm Hausfeld LLP, where she works out of their Washington D.C. office. Sarah’s practice is focused on complex litigation, primarily antitrust and commercial disputes. She has particular expertise in claims under Section 2 of the Sherman Antitrust Act, where she represents nascent and small businesses in their claims against alleged monopolists, including most recently, against Meta Platforms, Inc. Sarah’s practice brings her to the forefront of e-discovery where she has been at the helm of some of the most hard-fought discovery disputes on behalf of direct purchasers in antitrust class actions. Her tenacious but pragmatic approach to dispute resolution has earned her respect from counsel on both sides of the v. Sarah’s experience spans a wide range of complex litigation, and her efforts have helped clients recover more than $2.3 billion in settlements.

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Dr. James Langenfeld

Managing Director
Berkeley Research Group, LLC

Dr. James Langenfeld is a managing director at BRG, based in Washington, DC. He provides economic analyses and expert testimony for litigation, regulatory actions, and economic policy in a wide variety of industries.

This work involves types of matters including antitrust, damages, class actions, labor, mergers, statistical analyses, and regulation’s impact on firms and consumers. He also serves on the editorial board of several professional journals and has published numerous articles in journals and books on diverse topics in applied economics and econometrics.

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William J. Kolasky

Partner
Hughes Hubbard & Reed LLP

Bill Kolasky is a partner in the Washington, DC, office of Hughes Hubbard & Reed. Specializing in antitrust, Bill has over 40 years of experience representing clients in antitrust litigation, including in major antitrust class actions in industries as varied as insurance, financial services, media, telecommunications, and wood pallets. In 2013, he received the Global Competition Review’s Lifetime Achievement Award for his accomplishments in private practice, government service, and antitrust scholarship.


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