Price Premium Damages in Class Actions: Establishing Whether Losses Are Capable of Measurement on a Classwide Basis
Understanding the Measure of Loss and How Economic Experts Attempt to Model Them on a Classwide Basis
A live 90-minute CLE video webinar with interactive Q&A
This CLE webinar will offer an in-depth discussion of price premium damages in consumer fraud and false advertising class actions and class actions alleging latent defects in a product. The webinar will review how losses are measured, ways of calculating price premiums, economic models, and possible bases to exclude invalid results under Federal Rule of Evidence 702. The program will benefit plaintiffs' counsel seeking to ensure the reliability of their damages models and defense counsel seeking to ferret out and challenge flawed approaches.
Outline
- Introduction to price premium damages
- Critical role of damages models at certification stage
- Market simulation models
- Strategies for plaintiffs
- Strategies for defense
Benefits
The panel will review these and other key issues:
- What is conjoint analysis, generally, and what are the various types of conjoint analysis?
- What questions must be asked to determine if survey data was obtained in accordance with rigorous scientific standards?
- What does it mean to take into account both the supply and demand curves in price premium analysis?
- Challenges to calculating but-for prices with only demand-side information and how to account for supply side factors?
Faculty

Sascha Henry
Partner
Sheppard Mullin
Ms. Henry is a partner in the firm’s Los Angeles office. She leads the firm’s Business Trial Practice Group... | Read More
Ms. Henry is a partner in the firm’s Los Angeles office. She leads the firm’s Business Trial Practice Group and Food and Beverage Industry Team.
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Hayley Reynolds
Attorney
Gutride Safier
Ms. Reynolds is an attorney at Gutride Safier LLP. Prior to working with Gutride Safier, she advised departments within... | Read More
Ms. Reynolds is an attorney at Gutride Safier LLP. Prior to working with Gutride Safier, she advised departments within Santa Clara County government as a deputy county counsel. Before that, Ms. Reynolds was a litigation associate at O’Melveny & Myers LLP, where she litigated complex matters involving employment, anti-trust, and intellectual property.
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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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