The outlook for "no injury" class actions at CAME 2020

Another full panel topic is confirmed for the 4th Annual Class Action Money & Ethics Conference on Mon., May 4 in Midtown Manhattan. This discussion will look at no-injury class actions in which plaintiffs and defendants face unique questions about roles of standing, defining harms and measuring damages.

So-called “no-injury” class actions are the subject of substantial debate not only in the law, but also among experts charged with examining the proximate cause of economic losses and the reliable measurement of damages, if any. Increasingly in these matters, courts must address standing, predominance and due process challenges. The panel will discuss some recent decisions and their potential importance for the treatment of no-injury class actions.

The panel will be moderated by Robin Cantor, Managing Director at Berkeley Research Group. Dr. Robin Ann Cantor has more than 30 years of experience in environmental, health and energy economics, applied economics, statistics, risk management and insurance claims analysis. Before joining BRG, Dr. Cantor led practice groups at national consulting firms and conducted analysis for companies and financial institutions to better understand environmental health, and other product liability exposures. Dr. Cantor's consulting practice focuses on economics at the interface of science and technology. Many of her projects involve science-based economic analysis used in litigation support, expert testimony, risk assessment, and other advisory services.

Eric Cramer is Chairman and Co-Chair of the Berger Montague’s antitrust department. In leading antitrust class actions across the country and industries, he has won settlements totaling over $3 billion. Mr. Cramer was the only Plaintiffs’ lawyer selected to serve on the American Bar Association’s Antitrust Section Transition Report Task Force delivered to the incoming Obama Administration in 2012. He is a Senior Fellow and Vice President of the Board of Directors of the American Antitrust Institute; a past President of COSAL (Committee to Support the Antitrust Laws), a leading industry group; a member of the Advisory Board of the Institute of Consumer Antitrust Studies of the Loyola University Chicago School of Law; and Vice President & President Elect of the Board of Directors of Public Justice, a national public interest advocacy group and law firm.

Mike Daly of Faegre Drinker counsels clients that interact with consumers. His practice focuses on defending class actions, handling critical motions and appeals and maximizing the defense-ibility of marketing and the enforce-ability of contracts. He regularly defends claims challenging marketing, labeling, billing, credit reporting and debt collecting, and counsels clients on issues such as removing actions, compelling arbitration, coordinating proceedings, opposing certification and negotiating settlements.

David Kalat is a testifying expert in information science and electronic evidence at Berkeley Research Group. He leads the Chicago digital forensics lab for BRG’s Global Investigations + Strategic Intelligence practice. Mr. Kalat is a Certified Fraud Examiner (CFE), a Certified Computer Examiner (CCE), a Certified Information Systems Security Professional (CISSP), an Access Data Certified Examiner (ACE), an Illinois-licensed private detective and a nonfiction author. Mr. Kalat publishes regular columns to the Legaltech News blog by ALM.

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