Class Certification

On June 6, a motion for summary judgment was granted in In re: Lipitor Antitrust Litigation, dismissing claims of a pay-for-delay settlement from Pfizer Inc., the manufacturer of Lipitor, to Ranbaxy.

Sushrut Jain and Valentina Bernasconi discuss damages estimation in class action suits with allegations of excess "slack-fill" in the packaging of consumer goods.

While the direct-selling world was awaiting U.S. District Judge Barbara Lynn's decision in Federal Trade Commission v. Neora LLC, in which the FTC alleged that Neora operated an illegal pyramid scheme, the FTC v. Noland case largely flew under the radar.

Over the past decade, there has been a notable increase in the number of class actions brought against manufacturers of food and consumer packaged goods, specifically with respect to allegations of false claims in advertising and product labeling. In such cases, plaintiffs typically allege that consumers were harmed because they paid higher prices than they would have paid had they possessed complete information.

In this article, Sushrut Jain explores the significant hurdle plaintiffs seeking tuition refunds will face at the class certification stage of proving that a formulaic method exists to determine damages without the need for individualized inquiry.

In this Law360 article, Edgeworth Partners Dr. George Korenko and Matthew Milner provide a primer on the economics of class certification and discuss the application of economics to price gouging class actions.

In this article Dr. David Colino discusses a framework for economic analysis in COVID-19 business interruption insurance lawsuits that can help courts both estimate the relevant damages at issue and consider the appropriateness of plaintiffs’ claims for collection action.

In this article, published in Law360, Edgeworth Partner Dr. George Korenko and Principal Consultant Dr. Tram Nguyen discuss three key issues cited in the Court of Appeals opinion and their implications for the economic analysis of predominance in the Lamictal case and in other pay-for-delay litigations.

Edgeworth Partners Dr. George Korenko and Matthew Milner build on their previously published best practices for managing data in antitrust cases, and discuss the additional considerations that become relevant when the data involves financial products.

Edgeworth Partner Michael Kheyfets' article provides a study of how economic tools are applied to the analysis of class certification and damages issues in the emerging area of data breach class actions. 

In anticipation of future civil class actions related to no-poach and wage-fixing agreements, Edgeworth Partners Dr. Stephen Bronars and Dr. Deborah Foster have published a two-part primer in Law360 on wage analyses that are frequently used in employment discrimination cases and will become increasingly relevant as labor issues cross over into the antitrust arena.

In anticipation of future civil class actions related to no-poach and wage-fixing agreements, Edgeworth Partners Dr. Stephen Bronars and Dr. Deborah Foster have published a two-part primer in Law360 on wage analyses that are frequently used in employment discrimination cases and will become increasingly relevant as labor issues cross over into the antitrust arena.

Edgeworth Partner Michael Kheyfets co-authored an article in Bloomberg Law's Privacy & Security Law Report.

In "Turning Daubert on its Head: Efforts to Banish Hypothesis Testing in Antitrust Class Actions," Edgeworth CEO Dr. John Johnson, with Former Partners  Dr. Laila Haider and Dr. Gregory Leonard discuss the recent attempts by plaintiffs to exclude expert evidence and opinions offered by defendants' expert economists with the argument that the experts’ statistical testing of plaintiffs’ proposed methodology does not satisfy the Daubert standard for the admissibility of expert testimony. 

In this article published in the ABA Information Law Journal, Michael Kheyfets and Matthew Milner discuss economic analysis as it applies to litigation matters filed by financial institution classes. 

In this Law360 article, Dr. Stephen Bronars and Dr. Nathan Woods discuss the possibly profound consequences of using external benchmarks when conducting analyses of age discrimination allegations.

Sushrut Jain discusses recent trends in consumer class actions brought against manufacturers of retail food products, including the proposition of using hedonic price analyses. 

This article by Dr. Nathan Woods is the third article in a three part series discussing the statistical analysis of class certification topics in wage-and-hour class and collective actions.

This article by Dr. Nathan Woods is the second article in a three part series discussing the statistical analysis of class certification topics in wage-and-hour class and collective actions.

This article by Dr. Nathan Woods is the first article in a three part series discussing the statistical analysis of class certification topics in wage-and-hour class and collective actions. 

Michael Kheyfets, a partner at Edgeworth, discusses emerging trends in data breach and privacy litigation in Law360.

Matthew Milner discusses the counter factual paradigm economists use to analyze fact of injury and damages in data breach class actions.

Dr. Jesse David gives an economic perspective of food labeling cases by discussing the “predominance” requirement for class certification.

Dr. John Johnson with Former Partner Dr. Laila Haider discuss the role of rigorous analysis in the U.S. Supreme Court’s most recent antitrust ruling in Comcast Corp. v. Behrend.

Dr. John H. Johnson and Dr. Gregory Leonard discuss the empirical analyses used to determine class certification issues in Rigorous Analysis of Class Certification Comes of Age, published by the ABA’s Antitrust Law Journal.

This article co-authored by Edgeworth experts Dr. John Johnson and Matt Milner explores some of the issues concerning this case, and explains why expert testimony is increasingly relevant.

This article examines recent class actions, including a review of the issues that affect economic analysis as it relates to antitrust matters.

Matthew Milner opined on the reliability of structured data in litigation, writing “Structured data is frequently the foundation of expert analysis in litigation for a variety of damages and liability issues."

Sushrut Jain and Valentina Bernasconi discuss damages estimation in class action suits with allegations of excess "slack-fill" in the packaging of consumer goods.

Edgeworth's Dr. Branko Jovanovic will speak on a panel about the economics of privacy at the 51st Research Conference on Communications, Information and Internet Policy. 

Edgeworth Partner Michael Kheyfets will join a panel of thought leaders to provide an in-depth analysis of the recent developments in antitrust class certification in this Knowledge Group webcast.

Edgeworth Managing Principal Sophie Meadows will participate in this live webcast, hosted by The Knowledge Group, in which she will join fellow panelists to provide an in-depth analysis of the recent trends and developments on antitrust class certification and the associated economic issues. The panel will also offer best practices to help practitioners amid the changing legal landscape.

The unprecedented impact of the COVID-19 pandemic has given rise to class action litigation across the country, including around issues of price gouging, business interruption, and payment refunds. In this webinar, join a panel of attorneys and economic experts for a discussion of the economic and legal principles involved in COVID-related class actions.  

Join expert labor economists from Edgeworth Economics and Kevin White, co-chair of the Hunton Andrews Kurth Labor and Employment team, on July 21 for this complimentary webinar addressing key legal issues arising in the COVID-19 world of which employers should be aware.

Edgeworth will co-host the Antitrust Economics Workshop held in advance of the 46th Annual Conference on International Antitrust Law and Policy, hosted by Fordham's Competition Law Institute.

In this CLE webinar, Dr. Jesse David and his fellow panelists will review the Comcast Corp. v. Behrend decision and the requirement that plaintiffs demonstrate predominance that must measure only those damages connected to the plaintiffs’ theory of liability.

Dr. Stephen Bronars will speak on a panel examining the use of proposed new HMDA data fields in empirical analyses.

In this live webcast, Dr. Jesse David will speak on a panel discussing recent trends in the use of survey evidence in advertising cases.

Join Drs. Xiaoling Ang and Stephen Bronars for an ABA webinar discussing how provisions of the CFPB's proposed payday loan rule are likely to affect both consumers and payday lenders.

ACI will host its annual National Forum on Employment Discrimination Litigation, where Dr. Stephen Bronars will discuss economic damages and statistical issues in employment discrimination cases.

In this two-hour live webcast, hosted by The Knowledge Group, Dr. Deborah Foster will serve on a panel of seasoned leaders and professionals who will help the audience understand the most important aspects of Wage and Hour Class Actions. 

Dr. Foster will present on "The Latest on the New WhiteCollar Exemption Overtime Regulations: Analyzing the Practical Implications of the New Rules, Strategies for Minimizing Litigation Risks, and Defending Against Claims of Violation Once Litigation is Brought."

CLE International will host its inaugural two-day Food Law Conference in Washington, DC. Principal Consultant Sushrut Jain will participate in a panel discussion on food law class actions and damages valuations.

Edgeworth partner Michael Kheyfets will speak on a panel with other experts and attorneys a Webinar on big data in litigation.

Matthew Milner and Michael Kheyfets of Edgeworth Economics and Jeff Landis of ZwillGen PLLC will present a mock case to examine the elements and potential theories of harm in data breach litigation.

Edgeworth experts will host a mock trial at the IAPP Global Privacy Summit.

Dr. John Johnson will speak at the ACI Cyber Security & Data Privacy and Protection Conference.

Chuck Fields and Michael Kheyfets will speak about Edgeworth's experience in HR analytics and data consulting at the IQPC 12th HR Metrics & Analytics Summit.

Edgeworth Economics is pleased to welcome Dr. Branko Jovanovic as a Partner in the firm’s Washington, DC office. Dr. Jovanovic brings over two decades of experience in consumer class action litigation and a wide array of regulatory matters.

In Edgeworth’s first decade, the firm has become one of the world’s leading economic consultancies, distinguished at the forefront of antitrust, class certification, intellectual property, and labor and employment, in North America and China.

A total of seven Edgeworth experts have been featured in Who's Who Legal as leading competition economists. 

Edgeworth Economics has been recognized for another consecutive year by Global Competition Review in its annual publication of the Economics 20.

Dr. John Johnson, Dr. Gregory Leonard, and Dr. Fei Deng have been named to the Who's Who Legal 2018 listings of the most highly regarded competition economics practitioners. Dr. Johnson and Dr. Leonard were again named top economists, while Dr. Deng was again identified as a future leader in the space.

Edgeworth Economics Partners Dr. Stephen Bronars and Dr. Nathan Woods have published an article in Law360 entitled "How Estimates Can Miss The Mark On Age Discrimination."

Edgeworth Economics is pleased to announce that Dr. Stephen G. Bronars has joined the firm as a Partner in the Washington, D.C., office. 

Edgeworth Economics is pleased to announce that Dr. Nathan Woods has joined the firm as a Partner in the Washington, D.C., office. Dr. Woods specializes in class action wage and hour disputes and employment discrimination matters at the state and federal levels. 

Edgeworth Economics, today announced that Michael Kheyfets has been promoted to Partner in the firm’s Washington, D.C., office.

Dr. Jesse David spoke at the “Challenges Facing the Food and Beverage Industries in Complex Consumer Litigations” Conference.

Dr. Jesse David has analyzed recent trends in food labeling class action litigation.

Dr. Jesse David discusses the “predominance” requirement for class certification in Law360.

Edgeworth CEO Dr. John Johnson, with Dr. Gregory Leonard and Dr. Laila Haider, demonstrate the use of econometric methods to address issues related to the viability of class-wide damages.

Dr. John Johnson discussed the importance of statistical data analysis to economic issues of class certification in wages and hours litigation post Dukes and Brinker. 

Edgeworth Economics extends a warm congratulations to Dr. John Johnson on being selected as a finalist for Global Competition Review’s  2012 Economist of The Year.

Edgeworth President and CEO Dr. John Johnson discusses the use of statistical analyses in systemic discrimination in Law 360. Taking pregnancy discrimination class actions as the example, they discuss the importance of appropriate control groups, econometrics and robustness tests.  

In finding for summary judgment on behalf of Bloomberg L.P., Judge Loretta A. Preska cited heavily Dr. Johnson’s statistical evidence in favor of Bloomberg, calling it “highly probative and uncontroverted.” Dr. Johnson’s testimony demonstrated that the compensation of alleged Class Members actually increased more than the compensation of employees who took leave for other reasons, contributing to a finding that the Plaintiffs' claims are “insufficient to demonstrate that discrimination was Bloomberg’s standard operating procedure.” 

Washington, D.C. – Edgeworth Economics client, Reddy Ice, Inc., was accused of allocating territories in the packaged ice industry.  Dr. John Johnson was retained by Reddy Ice to submit an expert report before the Superior Court of Justice in Ontario, Canada regarding the appropriateness of class-wide treatment.  Dr. Johnson concluded that determining the fact of antitrust injury for each member of the proposed class would require individualized analysis and further that a formulaic approach to damages, using class-wide evidence, would fail to provide accurate measures of harm.  The plaintiffs settled with Reddy Ice’s co-defendant, Arctic Glacier, subsequent to the filing of Dr. Johnson’s report.  Reddy Ice made no payment and received a full release from the plaintiffs.  See Reddy Ice’s quarterly report for additional details.  

Edgeworth President John H. Johnson and Senior Vice President Jesse David, along with economist Paul Torelli, discuss the unique circumstances surrounding antitrust cases that target labor markets.

Washington, D.C. - In the most recent issue of the ABA’s Antitrust Practitioner, Edgeworth experts Dr. John Johnson, Mr. Boris Vabson, and Mr. Matthew Milner discuss the impact of the Third Circuit’s In re Hydrogen Peroxide decision on ongoing as well as prospective class certification proceedings.

Washington, D.C. - Edgeworth Economics is pleased to announce that Dr. John Johnson has been appointed an Assistant Editor of the Antitrust Law Journal for the 2010-2011 ABA year.

On June 6, a motion for summary judgment was granted in In re: Lipitor Antitrust Litigation, dismissing claims of a pay-for-delay settlement from Pfizer Inc., the manufacturer of Lipitor, to Ranbaxy.