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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.
- TransUnion and Current Circuit Caselaw
- 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
- Notable Recent Decisions
- 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