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Defending a Private Civil Class Action Price-Fixing Lawsuit: Best Practices for a New Decade

(135 reviews)

Produced on January 30, 2020

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$ 89 Litigation, Class Actions, and Antitrust In Stock
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Course Information

Time 61 minutes
Difficulty Intermediate

Course Description

Private antitrust class actions have been on the rise for many years. No matter which political party controls the reins of power, the DOJ and the FTC continue to investigate alleged collusive behavior between competitors in every industry -- and, as day follows night, private civil class action suits seeking treble damages (and attorneys’ fees) for violations of the Sherman Act are sure to follow. Any government investigation, even those not resulting in charges or convictions, resulting in a rush to the courthouse by an ever-increasing number of plaintiffs’ lawyers in small firms and large, working on a contingency fee basis (made even easier of late by the increase in third-party funders).

What’s an in-house lawyer to do to protect the company from these lawsuits in 2020 and beyond?

This one-hour presentation will give you a clear outline of the steps to take to ensure your best defense strategy. It will discuss different types of anti-competitive allegations, from bid-rigging to price-fixing and supply restriction, to anti-poaching agreements (among others), and how to defend against each. Join Melissa Maxman, a former federal prosecutor and the Managing Partner of the Washington, D.C. office of Cohen & Gresser LLP, as she describes a practical list of best practices to counsel your clients through private antitrust class action lawsuits as painlessly as possible.



Learning Objectives:

  1. Review recent private civil enforcement class actions in U.S. antitrust law

  2. Discuss key takeaways for antitrust practitioners defending such lawsuits 

  3. Identify how best to counsel your clients through the antitrust litigation process


Credit Information

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Faculty

Melissa H. Maxman

Cohen & Gresser LLP

Melissa H Maxman is the Managing Partner of the firm’s Washington, D.C. office. She has decades of litigation experience at both the trial and appellate levels, primarily in the areas of antitrust, RICO, environmental law, complex commercial disputes, and white-collar defense.  She has extensive experience advising domestic and foreign corporations on global antitrust issues. She has represented clients in complex civil and criminal matters before the Federal Trade Commission, the Antitrust Division of the Department of Justice, and in private civil matters. Melissa has been recognized in Legal 500’s U.S. guide in the commercial litigation and corporate investigations and white-collar defense categories. She has also been named one of Washington, D.C.’s Super Lawyers each year since 2011.

Prior to joining Cohen & Gresser, Melissa was the Chair of the Antitrust and Trade Regulation Practice Group in the Washington, D.C. offices of two large national law firms.  She served as an Assistant United States Attorney in the Eastern District of Pennsylvania and was a law clerk for the Honorable Harry T Edwards of the United States Court of Appeals for the District of Columbia. Melissa is a cum laude graduate of the University of Michigan Law School, where she was the editor-in-chief of the Michigan Law Review.

Melissa has been a member of the American Law Institute since 2003. She is also an Advisory Board member for the Institute for Consumer Antitrust Studies and is Co-Chair of the ABA National Institute on Class Actions. She is the immediate past chair of the Dean’s National Advisory Council for the Columbian College of Arts and Sciences at the George Washington University.  She serves as Co-Chair of the Exemptions and Immunities Committee of the ABA Antitrust Section.



Reviews

DK
Dahyun K.

I will definitely recommend this class

LT
Lynne T.

Thank you

RW
Rhonda G. W.

Thank you for an excellent program.

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