Class Action

Class Action Certification & Litigation

Assessing causal elements under Rule 23 for class certification
Determining whether damages require individualized inquiry
Securities class actions, including class certification and damages

Class Action

Class Action Certification & Litigation

Assessing causal elements under Rule 23 for class certification
Determining whether damages require individualized inquiry
Securities class actions, including class certification and damages

Catalyst Economic Consulting helps clients better understand economic issues in class action litigation. We conduct the economic, financial, and statistical analyses required for class action certification and damages. Our class action experts translate the results of these complex economic analyses into easily understood testimony.

We have conducted many analyses and opined on issues relating to class certification in critical litigation led by AMLAW 100 clients. Catalyst Economic Consulting’s founder, Dr. Andrew Roper, is an expert in class certification and helped to design and teach the nation’s first law school course exploring the role of complex economic analysis in meeting Rule 23 requirements found in class action litigation.

Our Experience

Class Certification

FRCP Rule 23 requires (1) showing that common questions predominate the class members’ claims and (2) showing that these questions can be addressed using a common method of proof without individualized inquiry. Catalyst excels at conducting the complex economic, financial, and statistical causal analysis required to address questions arising under FRCP Rule 23

OTC Foreign Exchange Trading Custodial Pricing

Catalyst assisted counsel by examining bank customer decisions to participate in a bank’s custodial pricing program for foreign exchange transactions. We demonstrated that bank customers rationally choose to participate in a bank’s custodial pricing program program based on the individualized facts and circumstances surrounding their ability and willingness to conduct bilateral negotiation for pricing as an alternative to the custodial program and not based solely on the exchange price offered under the program. Our analysis was relied upon in reaching a favorable settlement.

Class Action Damages

Class action damage calculations require careful analysis of both the fact and quantum of harm. To be reliable, the damages analysis should identify which class members are potentially harmed and quantify the amount of harm using data available to the class. However, in some cases, individualized inquiry is necessary to determine damages. Catalyst specializes in conducting the analyses required to calculate reliable class action damages and to evaluate proposed damages.

Bank Overdraft Fee

Catalyst assisted counsel by examining bank customer decisions to participate in a bank’s overdraft protection program. We successfully demonstrated that bank customers rationally choose to participate in a bank’s overdraft protection program based on the individualized facts and circumstances surrounding their liquidity needs and experience and not based solely on the price of the overdraft protection offered. As such, we determined that calculating classwide damages using common method and data would not be reliable without significant additional individualized inquiry. Our analysis was relied upon in reaching settlement.

Securities Class Actions

Catalyst provides expert witness support and consulting in all phases of securities class actions, including Rule 10b-5, Section 11 and 12 and ERISA matters. We have worked on a range of securities fraud cases involving stocks and bonds traded on the NASDAQ and NYSE, dual listed ADRs, and OTC traded stocks, bonds and derivatives. Our securities litigation experts excel in translating the results of these complex economic analyses into easily understood testimony.