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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

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Thursday, June 22, 2023

Recorded event now available

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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.

Description

Consumer fraud, false advertising, and latent-defect product class action cases often seek to recover the difference between the market price actually paid and the true market price that reflects the impact of the unlawful, unfair, or fraudulent business practice: the “price premium.” In evaluating price premium damages, plaintiff and defense experts often disagree about how and to what extent economic models are supposed to--and do--take into account both the demand and supply side of market. Separating the effect of the relevant claims from the effects of numerous other confounding factors must be done in accordance with rigorous scientific standards.

In determining whether to certify proposed consumer classes, courts often evaluate price premium models proposed by plaintiff and defendant experts. This evaluation is often critical in the class certification decision as plaintiffs have the burden to demonstrate that the calculation of damages is possible on a class wide basis.

Listen as this esteemed panel discusses the proper methods for calculating price premiums and ensuring the reliability, integrity, and admissibility of this complex damages calculation whether submitted for plaintiffs or defendants.

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Outline

  1. Introduction to price premium damages
  2. Critical role of damages models at certification stage
  3. Market simulation models
  4. Strategies for plaintiffs
  5. 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

Henry, Sascha
Sascha Henry
Partner, Business Trial Group Practice Leader
Sheppard Mullin

Ms. Henry excels at helping clients respond to sensitive and complex litigation, including class actions. Her...  |  Read More

Reynolds, Hayley
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

Tomlin, Jon
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

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Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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