Antitrust Class Action Litigation: Navigating Predominance, Ascertainability, Settlement, Certification Appeals and More

Lessons From Tyson Foods, Spokeo and Their Progeny

*** This program has been cancelled ***

A live 90-minute CLE webinar with interactive Q&A


Wednesday, April 19, 2017
1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, March 31, 2017


This CLE webinar will provide guidance to class action and antitrust litigators on defending antitrust class actions. The program will examine the latest trends and settlements and explain how courts are addressing questions of predominance and ascertainability in the context of antitrust litigation, as well as issues unique to antitrust cases.

Description

The Supreme Court’s Tyson Foods and Spokeo rulings profoundly impacted the use of class actions as a means of antitrust enforcement with respect to class members who are not injured.

While the Court chose not to resolve Rule 23 ascertainability issues, there is a growing divergence among circuit courts regarding a heightened ascertainability requirement that plaintiffs plead and prove a feasible mechanism for identifying class members.

With respect to numerosity, the Third Circuit in an antitrust case recently provided a framework for evaluating Rule 23(a)’s numerosity requirement. Class action litigators must keep abreast of these rulings and developments and their impact on antitrust litigation.

Listen as our authoritative panel of class action and antitrust litigators discusses the latest trends and settlements in class action claims and how courts are addressing questions of predominance and ascertainability in the context of antitrust litigation, as well as issues unique to antitrust cases.

Outline

  1. Implications of class actions unique to antitrust cases
  2. Satisfying the prerequisites of Rule 23(a)
    1. Effect of arbitration agreements on commonality
    2. Ascertainability of class
  3. Predominance under Rule 23(b)
  4. Class action settlement
  5. Appealing class certification orders under Rule 23(f)

Benefits

The panel will review these and other key issues:

  • What has been the impact of the Supreme Court’s Spokeo ruling for class action antitrust cases?
  • What is the effect of arbitration agreements on Rule 23(a)’s commonality requirement?
  • What are some best practices for antitrust defense counsel to defeat the predominance requirement for certification?

Faculty

R. Brendan Fee, Partner
Morgan Lewis & Bockius, Philadelphia

Mr. Fee represents US and international clients involved in high-stakes antitrust litigation across a wide variety of industries. He also defends clients against private and government claims arising under state price gouging and distributor/franchise termination laws. He obtained dismissals and favorable settlements in class action and single-plaintiff cases involving alleged price fixing, exclusive dealing, monopolization, group boycotts, price discrimination, tying, bundling, and violations of state antitrust law. In addition, he advises clients on antitrust compliance and preventively counsels some of the world’s most respected retail brands and technology firms on distribution, pricing, exclusivity, dealer termination, and other vertical issues.

Fred Taylor Isquith, Partner
Wolf Haldenstein Adler Freeman & Herz, New York

Mr. Isquith has devoted his career to the litigation principally of complex financial matters in the Securities and Antitrust field. His practice, however, encompasses all aspects of business litigation. He writes frequently on subjects of his practice, teaches law school classes and lectures to members of the Bar. He edits a weekly newsletter summarizing legal developments of the week in the securities and antitrust area involving class actions. In addition, his articles appear in national legal publications several times a year.


Live Webinar

Live Webinar $247.00

Includes Early Discount Savings of $50.00 (through 03/31/17)

Add a colleague on the same connection in the same room for only $97.00 in the shopping cart or by calling customer service.

This webinar is eligible for at least 1.5 general CLE credits.

CLE credits are not available for PR.

*In KS, OH, PA, for more than 1 attendee on the connection you must contact Strafford CLE via email or call 1-800-926-7926 ext. 35 prior to the program for special instructions.


Recordings

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*Only available for attorneys admitted for more than two years. For OH CLE credits, only programs recorded within the current calendar year are eligible - contact the CLE department for verification.

**NH attendees must self-determine if a program is eligible for credit and self-report their attendance.

CLE On-Demand Video $247.00
Available 48 hours after the live event

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Strafford is an approved provider and self-study CLE credit is available in most states.

AK, AZ, CA, CO, CT, FL, GA, HI, IA, ID, IL, KY, ME, MN, MO, MT, ND, NJ, NM, NY, OR, PA, TN, TX, UT, VT, WA, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

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Additional copies of a recording can be purchased at a discount. Please call Strafford Customer Service toll-free at 1-800-926-7926 ext 10 or email customerservice@straffordpub.com to place your order.

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Available 48 hours after the live event

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Recorded Audio Download (MP3) $247.00
Available 24 hours after the live event

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DVD (Slide Presentation with Audio) $247.00 plus $9.45 S&H
Available ten business days after the live event

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Registration Plus Recorded Event

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Live Webinar & Webinar Download $344.00

Includes Special Savings of $250.00 (through 03/31/17)

Live Webinar & Audio Download $344.00

Includes Special Savings of $250.00 (through 03/31/17)

Live Webinar & DVD $344.00 plus $9.45 S&H

Includes Special Savings of $250.00 (through 03/31/17)


Webinar

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Early Registration
Discount Deadline
March 31, 2017
(1 day)

CLE Credits By State

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Customer Reviews

The seminar covered an important subject with major policy implications and the speakers addressed it completely with professionalism and thorough knowledge.

Allyn Z. Lite

Lite DePalma Greenberg

A focused presentation offering practical information in a concise format.

Una Kang

Saiber

The speakers spoke in an understandable format with lots of examples.

Bill Zornes

Cimarron Lumber

The subject matter was covered in a very understandable way.

Constance Kotula

CarVal Investors

The seminar featured very knowledgeable presenters on an extremely important topic.

Kenneth Mathieu

FTI Consulting

Class Action Law Advisory Board

Thomas Allen

Partner

Reed Smith

Steve Berman

Partner

Hagens Berman Sobol Shapiro

Brian Boyle

Partner

O'Melveny & Myers

H. Douglas Hinson

Partner

Alston & Bird

Daniel R. Karon

Founder

Karon LLC

Robert S. Kitchenoff

Partner

Weinstein Kitchenoff & Asher

Neal R. Marder

Partner

Akin Gump Strauss Hauer & Feld

Michael McCluggage

Partner

Eimer Stahl

W. Ray Persons

Partner

King & Spalding

William B. Rubenstein

Professor

Harvard Law School

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