Classwide Damages Models in Misleading and False Advertising Consumer Class Actions
A live 90-minute CLE video webinar with interactive Q&A
This CLE course will discuss the types of classwide damages models that plaintiffs use to obtain certification and how to advance or oppose each of these types of models. The program will discuss the use of expert witnesses to testify about the plaintiffs' damages calculations and defense experts to attack the damages models
Outline
- Overview of damages
- Types of damages models and use of expert witnesses; topics may include:
- Conjoint analysis
- Full refund
- Hedonic regression
- Benchmarking
- Statutory damages
- Injunctive relief
- Use of damages experts and Daubert challenges in class certification proceedings
- Recent case law and analysis
Benefits
The panel will review these and other key issues:
- Analysis of the various current classwide damages models
- The relevant legal backdrop for what a damages model does (and does not) need to accomplish at Rule 23
- Specific trends in Daubert challenges
Faculty

Robert D. Phillips, Jr.
Partner
Alston & Bird
Mr. Phillips is a business litigator with nearly 40 years of experience assisting numerous companies in high-stakes... | Read More
Mr. Phillips is a business litigator with nearly 40 years of experience assisting numerous companies in high-stakes class actions and other litigation related to unfair competition, false advertising, privacy issues, product liability, labor and employment, life insurance, financial services, trade secret litigation and food labeling. His counsel extends to litigation involving financial products, consumer products, life insurance and annuity sales, advertising and labeling cases against manufacturers and retailers, employment issues, antitrust and product liability. In addition to serving clients throughout California, he serves as lead counsel in national class actions in jurisdictions across the country and has won numerous cases in state, federal and appellate courts.
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Jon Tomlin
Senior Managing Director
Ankura
Mr. Tomlin is a leading economic expert in the areas of economic damages and antitrust and has advised clients in each... | Read More
Mr. Tomlin is a leading economic expert in the areas of economic damages and antitrust and has advised clients in each of these areas for over 20 years. He has testified as an economic expert witness for cases in both state and federal courts. Mr. Tomlin has extensive experience advising clients regarding complex economic damages issues. He has assessed economic damages in cases involving allegations of false advertising, breach of contract, fraud, antitrust, and intellectual property. He has evaluated class certification issues in many of these cases.
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Christina Tusan
Attorney
Tusan Law
Ms. Tusan is an award-winning consumer protection trial attorney who has investigated, prosecuted, and supervised... | Read More
Ms. Tusan is an award-winning consumer protection trial attorney who has investigated, prosecuted, and supervised the litigation of complex unfair competition cases in federal and state courts on behalf of the Federal Trade Commission, the California Attorney General, and the Los Angeles City Attorney’s Office. Ms. Tusan has obtained judgments or negotiated settlements on consumer protection matters valued at over $1 billion. Ms. Tusan has spent the last 26 years successfully investigating and litigating Unfair Competition Law cases, False Advertising Law cases, and Unfair or Deceptive Acts or Practices Cases on behalf of consumers.
CloseEarly Discount (through 02/14/25)