Author: Aaron Gott If you are a defendant in a federal class action case, you probably already know that class certification is an important pivot point in the litigation: once the class is certified, it could be a bet-the-company moment where the risk of a large judgment outweighs any considerations about the merits or your likelihood of successfully defending at trial. The fact that you could appeal class certification after final judgment is cold…

Author: Jarod Bona Law school exams are all about issue spotting. Sure, after you spot the issue, you must describe the elements and apply them correctly. But the important skill is, in fact, issue spotting. In the real world, you can look up a claim’s elements; in fact, you should do that anyway because the law can change (see Leegin and resale price maintenance). And outside of a law-school hypothetical, it typically isn’t difficult…

photo credit: ginnerobot via photopin cc Author: Jarod Bona Antitrust injury is one of the most commonly fought battles in antitrust litigation. It is also one of the least understood antitrust concepts. No matter what your antitrust theory, it is almost certain that you must satisfy antitrust-injury requirements to win your case. So you ought to have some idea of what it is. The often-quoted language is that antitrust injury is “injury of the…

Authors: Magdalena Jakubicz and Luis Blanquez Magdalena Jakubicz is a Sr. Corporate Counsel at Cisco where she helps her business clients to achieve their goals while ensuring antitrust compliance across EMEAR and Latin America. Magdalena’s day-to-day responsibilities include the following: designing and delivering compliance programs; co-leading commercial litigations and responses to government inquiries; assisting with merger control fillings; and advising on vertical agreements and matters related to abuse of dominant position. Magdalena also provides legal…