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Gary Harvey
President & CEO | Cirque Analytics
Brian W. Anderson
Associate Attorney | Gibson, Dunn & Crutcher LLP
Winthrop S. Jordan
Associate | Hughes Hubbard & Reed LLP

How Recent Court Decisions and New Developments in Data Analytics Are Reshaping Antitrust Class Actions | On-Demand Webinar

Broadcast Date: Friday, December 13, 2024 | 12:00 pm to 1:30 pm (ET)

Class certification decisions in antitrust litigation have increasingly become a decisive factor, often influencing the overall direction and outcome of cases. The ability to proceed as a class action can significantly impact legal strategies for both plaintiffs and defendants, making it essential to stay informed on the evolving landscape.

Join our panel of experts as they explore the latest trends and key developments in class certification decisions within antitrust litigation. This session will provide an in-depth analysis of recent rulings and their implications, with a focus on standing issues for absent class members, the role of Daubert challenges in expert testimony.

They will also explore the importance and complexities of data analysis in the context of class actions and issues of merits. This includes guidance to lawyers in the management of data analysis and potential roles of experts. New large and complex datasets require effective strategies in class action litigation.

Key Topics:

  • Standing of Absent Class Members
    • TransUnion and Current Circuit Caselaw
      • Discuss the Supreme Court’s 2021 TransUnion decision which clarified that “every class member must have Article III standing in order to recover damages,” while simultaneously leaving open “the distinct question whether every class member must demonstrate standing before a court certifies a class.”
      • Highlight the ways in which lower courts have applied these principles of absent class member standing when deciding motions for class certification, with a particular focus on issues pertinent to antitrust class actions.
  • Daubert Motions Relating to Expert’s Use of Data
    • Notable Recent Decisions
      • Discuss the recent use of Daubert to overturn the jury verdict in C.D. Cal. in In re NFL “Sunday Ticket” Antitrust Litigation, to highlight not only the importance of Daubert challenges at various stages of the litigation (class cert., summary judgment, trial), but also the different considerations at each stage.
    • Strategies and Risks: The Role of Large and Complex Data in Litigations
  • What lawyers should know regarding the risks and value of data analysis in antitrust, class actions and litigations
    • New and emerging roles of data use example in antitrust litigation
    • Using real-world data analysis to test hypothetical but-for worlds
    • Data analysis: risks and rewards in litigation
    • Role of data in establishing a proper class and scientifically sound merits analysis
    • Role of the lawyer in maximizing value, recognizing risk, and managing costs

Agenda:

Gary HarveyPresident & CEO

Cirque Analytics,

Brian W. Anderson, Associate Attorney

Gibson, Dunn & Crutcher LLP,  

and

Winthrop S. JordanAssociate

Hughes Hubbard & Reed LLP

  • Standing of Absent Class Members
    • TransUnion and Current Circuit Caselaw
      • Discuss the Supreme Court’s 2021 TransUnion decision which clarified that “every class member must have Article III standing in order to recover damages,” while simultaneously leaving open “the distinct question whether every class member must demonstrate standing before a court certifies a class.”
      • Highlight the ways in which lower courts have applied these principles of absent class member standing when deciding motions for class certification, with a particular focus on issues pertinent to antitrust class actions.
  • Daubert Motions Relating to Expert’s Use of Data
    • Notable Recent Decisions
      • Discuss the recent use of Daubert to overturn the jury verdict in C.D. Cal. in In re NFL “Sunday Ticket” Antitrust Litigation, to highlight not only the importance of Daubert challenges at various stages of the litigation (class cert., summary judgment, trial), but also the different considerations at each stage.
    • Strategies and Risks: The Role of Large and Complex Data in Litigations
  • What lawyers should know regarding the risks and value of data analysis in antitrust, class actions and litigations
    • New and emerging roles of data use example in antitrust litigation
    • Using real-world data analysis to test hypothetical but-for worlds
    • Data analysis: risks and rewards in litigation
    • Role of data in establishing a proper class and scientifically sound merits analysis
    • Role of the lawyer in maximizing value, recognizing risk, and managing costs

Who Should Attend:

  • Antitrust Lawyers and Consultants
  • Corporate Lawyers
  • M&A Lawyers
  • Compliance & Risk Executives
  • General/In-house Counsel

Register for this course by clicking the “Take this Course” at the top of the page.

CLE Credit:

Course Level: Intermediate | Advance Preparation: Print and review course materials

Method of Presentation: On-Demand Webinar | Prerequisite:General knowledge of antitrust class certification

Course Code: 1410479 | Total Credit: 1.5

CLE Credit:

CA CLE 1.50 General – Approved Until: 12/13/2026
PA CLE 1.50 General – Approved Until: 12/13/2026
VT CLE 1:50 General – Approved Until: 12/31/2025
NJ CLE 1:50 General – Credits through Reciprocity
NY CLE 1.50 Areas of Professional Practice – Credits through Reciprocity
AR CLE 1.50 General – Credits through Reciprocity
CT CLE 1.50 General – Credits through Reciprocity
NH CLE 1.50 General – Meets the requirements of NH Supreme Court Rule 53
MO CLE 1.50 General – Approved Until: 12/13/2024
TN CLE 1.50 General – Approved Until: 12/13/2025
WI CLE 1.50 General – Approved Until: 12/31/2025
MS CLE 1.50 General – Approved Until: 12/13/2026
GA CLE 1.50 General – Approved Until: 12/31/2024

Self-Apply: AL, CO, DE, FL, ID, IN, IO, KS, KY, LA, NC, ME, MN, MT, NE, NV, NM, ND, OH, OK, OR, SC, TX, UT, VA, WA, WV, WY

No MCLE Requirements: DC, MD, MA, MI, SD

Not Eligible for CLE: AK, AZ, HA, IL

Instructions for Participating the Live Webinar

    • Please Register for the course by clicking the "take the course: button if you have not already registered.
    • Check Your Email – 24 hours before the webinar, you will receive an email with all necessary instructions, including access details and course materials. This information will also be posted here in this window when it is available.
    • Download Course Materials – Course materials will be available for download **24-48 hours before** the live webinar. Be sure to review them in advance. The Link to download is available by clicking the lesson tab.
    • Join the Webinar – Follow the instructions in the email to access the live broadcast at the scheduled time.
    • Note the Secret Words – During the webinar, secret words will be announced periodically. Please write them down.
    • Take the Quiz – After the webinar, click on the quiz link below and enter the secret words to complete the quiz.
    • Print Your Certificate – Upon completing the quiz, you will be able to print your Certificate of Attendance, which includes instructions on how to obtain CLE, CPE, or other applicable credits for the course.
    • On-Demand Access – The on-demand version of this course will be available 24-48 hours after the live webinar. If you miss the live presentation or need to review the content, you will have access to the on-demand version as an enrolled student. To access on-demand content, click the lesson and follow the instructions.
    • Support: If you have any questions, please refer to the email instructions or contact support: support@theknowledgegroup.zohodesk.com.