Class Certification

In various litigation matters, Compass Lexecon is retained by plaintiffs or defendants to evaluate economic evidence pertaining to a motion for class certification.

In the antitrust area, our work often examines whether common evidence can be used to establish class wide impact.

  • Compass Lexecon experts employ rigorous empirical analyses of the theory of harm and market realities that affect the business or competitive interactions between plaintiffs and defendant(s).

  • Our analyses highlight the specific issues most relevant to determining whether a class should or should not be certified.

  • In many cases, Compass Lexecon studies have assessed whether material differences across members of a proposed class require individualized analysis of any given class member’s putative antitrust injury.

In the securities area, Compass Lexecon is retained to analyze subjects including:

  • market efficiency in connection with claims of fraud-on-the market;

  • loss causation;

  • class conflicts;

  • the ability to utilize a single model to estimate reliably individual class member damages.

In the area of ERISA class action litigation, Compass Lexecon originated the concept of analyzing data on participant holdings and transactions in company stock funds to evaluate potential conflicts between class members.