In addition to the rigorous empirical methodologies we apply to class certification issues, our consultants and affiliated experts bring industry-specific knowledge to case work. This includes insights into individual market dynamics, products, and consumer behavior.
We have supported clients in high-profile litigation in areas that include:
- Pharmaceutical mass torts: We have assessed the economic underpinnings of commonality and typicality arguments. We also have demonstrated that causation and damages assessments could not reliably be based on common methods of proof for the entire class, drawing on our examination of factors such as patient demographics, medical profiles, medical injury, or drug usage.
- Securities, financial products, and institutions: We have provided consulting and expert testimony in the context of analyses related to market efficiency in numerous stock-drop matters and in the assessment of loss causation and damages. We have also evaluated market factors and materiality and have identified and estimated the effects of confounding events. Our experts have developed a proprietary database of class action settlements and a model for guidance in settlement negotiations.
- Media, entertainment, and communications: We have assessed damages in class actions involving the cable and network television industries, the Internet and social media, and major-league and minor-league sports.
- High technology: In high-profile matters involving, for example, software and flat screen manufacturers, we have supported multiple experts in assessing claims of injuries by proposed classes and determined whether individualized inquiry was necessary to determine which class members were injured by the alleged anticompetitive conduct.
- Consumer products: In matters involving products ranging from insurance policies to soft drinks to donuts to treated wood, we have worked with experts to assess customer heterogeneity and determined whether claims of injury and damages can be evaluated on a classwide basis.
- Transportation: In a matter in which a nationwide class of buyers sued auto manufacturers, we assessed whether common proof existed that all members of the putative class were harmed and whether damages could be determined on a classwide basis.