Overview
Bates White has extensive experience working with clients on class action litigation across an array of industries and claims, including antitrust and competition, fraud and false claims, and product liability. Bates White has worked for both plaintiffs and defendants on a variety of class matters.
Our experts provide economic analysis, expert testimony, and litigation support, at all phases from class certification to merits to trial. We also support mediation and settlement negotiations. Using advanced analytics, rigorous statistical approaches, and economic models, our experts provide liability, causation, and impact analyses; estimation of class-wide and individual impacts; and settlement and allocation analyses.
We are recognized for providing expert opinions that are empirically sound and that accurately support the presence or absence of common impact across putative class members based on case-specific evidence. Court rulings have validated the analyses and conclusions of our experts in numerous cases.
For related work that is relevant to class certification and class action matters, also see our Antitrust and Competition, Finance, and Life Sciences practice pages.
SELECTED EXPERIENCE
- In Stephanie Difederico and Jameson Edmond Casey v. Amazon.com, Inc. et al., submitted an expert report in a Canadian class action litigation on behalf of plaintiffs who allege that Amazon and third-party sellers agreed on a most favored nation (MFN) provision
- In LIBOR-based Financial Instruments Antitrust Litigation, retained as the expert for the putative class of purchasers of LIBOR-linked OTC financial instruments—the class of OTC plaintiffs. The OTC class was the only plaintiff class to be granted certification. The OTC plaintiffs have reached four settlements with Barclays, Deutsche Bank, Citigroup, and HSBC, totaling $590 million.
- On behalf of defendant WellPoint, in In re WellPoint, Inc. Out-of-Network “UCR” Rates Litigation, provided testimony on economic issues associated with class certification and merits in connection with alleged underpayment of out-of-network benefits associated with alleged violations of Employee Retirement Income Security Act (ERISA), California Unfair Competition Law, breach of warranty, and breach of implied covenant of good faith obligations. The court denied plaintiffs’ motion for class certification and granted defendants’ motion for summary judgment.
- In the Center City Periodontists PC et al. v. Dentsply International Inc. matter, testified on behalf of the defendant, Dentsply, on economic issues associated with class certification, including ascertainability of the class and reliability of class-wide damages methodology. The US District Court for the Eastern District of Pennsylvania denied plaintiff’s motion for class certification.