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O’Rourke to Chair The 2011 Antitrust Litigation Forum

December 5, 2011

O’Melveny partner Kenneth R. O’Rourke (LA) is Chair of the 2011 Antitrust Litigation Forum in Florida on December 4-6, 2011.

The Forum is an annual gathering of leading antitrust litigators from across the US focusing on pressing and interesting issues that arise each year. Participation is by invitation, and the purpose of the Forum is to facilitate an exchange of ideas and an in-depth dialogue among leading antitrust plaintiffs' lawyers, defense counsel, and in house counsel on the litigation aspects of the practice.

O’Rourke will also lead the discussion session on “Settling and Mediating Antitrust Cases.” The discussion will focus on the theme of how to get cases settled when they ought to settle. In particular:

  1. Certification and approval of settlements of class-wide, multi-state indirect purchaser actions.
  2. Beyond class certification and its impact on any potential settlement efforts, allocation issues based on different state legislative enforcement schemes, and varied state civil and criminal penalties further complicate all aspects of the settlement process, from participation, to procedure, to enforcement.
  3. Given the number of lawyers and internal conflicts between various camps within and on opposing sides, settlements involve a large number of challenges to the mediator. How do we get mediators to help counsel achieve not only a realistic settlement amount, but a settlement process that is efficient, effective, and fundamentally fair to all of the varied parties and interests?
  4. What productive role do settlement ‘objectors’ play and how best to deal with them?
  5. Judgment Sharing Agreements (JSAs) are not often entered into by defendants, but when they are contemplated they raise their own set of challenges for plaintiffs and defendants. How do these agreements impact the real world settlement dynamic, if at all? Why aren’t JSA’s more widely used – or are they? Should they be the subject of discovery?

Washington, DC partner and Chair of the Firm's Antitrust and Competition Practice Rich Parker participated in the Forum last year, and Washington, DC partner Ian Simmons will be participating this year. For additional information, please click here.