Classwide Damages Models in Misleading and False Advertising Consumer Class Actions
Recording of a 90-minute CLE video webinar with 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 damages. 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 post-Comcast and Tyson
- Types of damages models and use of expert witnesses; topics may include:
- Full refund model
- Price premium model
- The benefit of the bargain
- Regression model
- Survey damages
- 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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Rachel Lowe
Partner
Alston & Bird
Ms. Lowe helps companies focus on their business needs by quickly ending disputes through securing summary judgment,... | Read More
Ms. Lowe helps companies focus on their business needs by quickly ending disputes through securing summary judgment, the dismissal of claims, and the defeat of class certification.
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