Class Actions & Mass Torts

Because of the complexity and difficulty associated with class certification, Cirque Analytics is often retained before litigation commences to conduct analysis and consult with clients and attorneys. Such consulting frequently takes the form of “pre-studies,” in which economists at Cirque conduct a diagnostic or scoping analysis to help assess a potential case’s economic merits, identify key issues, and map out a strategy for future litigation. In the context of class certification for alleged antitrust violations, this may involve helping identify potential class members, relevant markets, and evidence of market power, parallel conduct, or other indicators of anticompetitive conduct. Using pre-studies prepared by Cirque Analytics, stakeholders are able to make more informed decisions about pursuing litigation, and often include results in complaints filed with the Court. 

Class actions are also common in the area of labor litigation. Firms at risk of litigation over alleged labor code violations may benefit from pre-litigation analysis of meal- and rest-break practices, timeclock rounding practices. Similarly, an analysis of hiring, compensation, and promotion decisions may help a firm identify potential risks and exposures early, and thereby avoid costly litigation.

Class actions frquently involve huge data sets produced by many different parties. For both plaintiffs and defendants, the process of requesting, producing, and preparing these datasets for use in litigation can be daunting. Having a team of trained and experienced economists and data analysts to assist and manage in this process can help ease the burden on clients, reduce costs, and save substantial time over the course of a litigation. 

*Assisting with Discovery and Data Production – Procuring the appropriate data is critical for conducting reliable analysis in a class action. Without the input and assistance of economic experts, the data discovery process is not only very time-consuming and costly, but frqequently leads to production of inadequate or incomplete datasets, which further increases the cost and time involved. Through years of experience with class action litigations, Cirque Analytics has developed the expertise to assist counsel and clients in drafting and responding to discovery requests, preparing and reviewing data samples, and engaging with clarification requests, data updates, and identification of missing information. 

*Joint Management – Many class actions, especially those involving antitrust claims, involve more than one class. For example, an antitrust case may involve a class of direct purchasers, who bought directly from the defendants, and one or more classes of indirect purchasers, who purchased the same products from the direct purchasers. While each class carries its own burdens, there are many instances where the classes need access to the same data. In such cases, having a single firm manage the procurement, production, and prepration of data on behalf of the other classes can lead to considerable cost savings. Cirque Analytics possesses both the expertise and the technological infrastructure to take on such responsibilities. When retained to do so, Cirque’s economist and data analysts work with all stakeholders to ensure that their various needs are met, including class-specific deadlines, retained information, data formats, and other database attributes.

Cirque Analytics is a leading consulting firm in the area of antitrust and competition law, with special expertise in class actions. We are routinely engaged by top law firms and organizations on behalf of both plaintiffs and defendants to address class certification in the context of alleged violations of competition law.

Cirque Analytics is a leading consulting firm in the area of antitrust and competition law, with special expertise in class actions. We are routinely engaged by top law firms and organizations on behalf of both plaintiffs and defendants to address class certification in the context of alleged violations of competition law.