David Kaplan
Executive Director | Economic Consultant | Berkeley Research Group, LLC
William J. Kolasky
Partner | Chair of HHR’s Antitrust Practice | Hughes Hubbard & Reed LLPAntitrust Class Certification: Staying Ahead of the Curve Amid Evolving Standards | On-Demand Webinar
Broadcast Date: Tuesday, August 08, 2023 from 12:00 pm to 1:00 pm (ET)
Antitrust laws have long played a critical role in ensuring fairness in the marketplace. However, as the business landscape continues to evolve, so do the legal intricacies surrounding the antitrust laws. This year, courts are facing significant challenges, including the inclusion of uninjured class members, establishing ascertainability, and the role of economic analysis in antitrust class actions.
Join renowned thought leaders and legal practitioners as they delve into the intricacies of antitrust class certification in light of ever-changing standards. Attendees can expect a comprehensive discussion of the latest developments focusing on recent court decisions that significantly impact class certification requirements. The speakers will also, among other things, share practical strategies for dealing with these key issues in antitrust class actions.
Key Topics:
- Antitrust Class Certification: A 2023 Perspective
- Current Issues and Challenges
- Notable Cases and Court Decisions
- Best Compliance Practices
- What Lies Ahead
Agenda:
SEGMENT 1:
David Kaplan, Executive Director, Berkeley Research Group, LLC
- Why consideration of impact and damages is critical to economic class action analysis?
- Can some form of common evidence reliably determine impact and damages for proposed class members or does the analysis necessarily require consideration of idiosyncratic issues associated with individual proposed class members?
- What are the consequences of including uninjured class members in the proposed class definition?
- What is the impact of the “Tuna Decision.”
SEGMENT 2:
William J. Kolasky, Partner, Hughes Hubbard & Reed LLP
- Why do defendants concede that the existence of an alleged antitrust conspiracy and its anticompetitive effects is a common question of law and fact?
- To what extent has the “all or substantially all” requirement for showing that common method of proof can be used to demonstrate class wide impact been eroded by Olean and these other recent decisions?
- Have some courts given up trying to referee the war of the experts beyond enforcing Daubert?
- Does the separate superiority requirement in rule 23(b)(3) still have teeth?
Who Should Attend:
- Antitrust Lawyers and Consultants
- Corporate Lawyers
- M&A Lawyers
- Compliance & Risk Executives
- General/In-house Counsel
CLE Credit:
Course Level: Intermediate
Advance Preparation: Print and review course materials
Method of Presentation: On-Demand Webcast
Prerequisite: General knowledge of antitrust class certification
Course Code: 1410910
NY Category of CLE Credit: Areas of Professional Practice
Total Credit: 1.0 CLE