Antitrust, UCL and Privacy Section

News from the Section

The Antitrust, UCL and Privacy Section of the State Bar of California is pleased to honor Paul R. Griffin as the 2016 Antitrust Lawyer of the Year

Paul GriffinThe award will be given at the 2016 Golden State Institute, Thursday, November 3, 2016, in San Francisco.

Paul Griffin, a “San Francisco Tier 1 antitrust lawyer,” according to U. S. News & World Report, is a partner in Winston & Strawn’s San Francisco office.  Paul is part of the Winston antitrust group which was awarded “2015 Team of the Year” in Cartel Defense by The Legal 500 and is “Highly Recommended” by Global Competition Review.  Before joining Winston where he has served as global antitrust Co-Chair, he served as Chair and Vice Chair of the antitrust practices at the Pillsbury and Thelen firms, respectively.

For more information, see Antitrust Lawyer of the Year.

Webinar: The Use of Survey Evidence in Class Litigation

Wednesday, May 25, 2016, 12 noon - 1 p.m.

This program offers 1 hour of participatory MCLE credit. You must register in advance in order to participate.

Class actions, by definition, seek to adjudicate the legal rights of absent class members.  How do the parties go about demonstrating the experiences of absent class members and/or reasonable consumers, either in support of or in opposition to class certification, liability and damages?  In this webinar, practitioners share insights on the preparation and use of survey evidence.

Moderator: Lee F. Berger is of counsel in the Litigation practice of Paul Hastings and is based in the firm’s Washington, D.C. office.  Mr. Berger’s practice focuses on civil and criminal antitrust and unfair competition litigation, international arbitration, and complex commercial litigation cases.


  • Anthony Anscombe co-chairs the firm’s class action and food industry practice groups. He has defended class action matters across the country, with an emphasis on matters involving consumer fraud, deceptive trade practices, warranty, mass tort and statutory claims. For his food industry clients, Mr. Anscombe has defended product liability and class action matters, and provided counseling on advertising issues, risk management and commercial practices.
  • David Azar focuses his practice on class actions on behalf of defrauded investors and consumers, as well as disputes regarding contracts, partnerships, closely-held corporations, corporate governance, and other complex commercial matters for businesses and individuals.  He also provides corporate counseling in pre-litigation and transactional matters, working with transactional or specialty counsel to provide a litigation perspective or to act as an outside general counsel.
  • Rebecca Kirk Fair has conducted economic analysis and managed case teams in support of academic experts in a broad range of cases, including intellectual property, false advertising, tax, class certification, and major antitrust litigation. In addition, she has served as an expert witness in matters involving corporate valuation, patent infringement analyzing both lost profits and reasonable royalty damages, breach of contract damages, and trademarks. She has also served as an expert witness in matters involving the design and implementation of consumer surveys, as well as the evaluation of plaintiffs’ surveys. Ms. Kirk Fair has supported academic experts in undertaking analyses of and surveys related to consumer perception, feature value, and marketing procedures in connection with IP and antitrust disputes, as well as fraudulent claims suits and trademark matters.

Save the Date! 26th Annual Golden State Antitrust, UCL and Privacy Law Institute & Antitrust Lawyer of the Year Reception and Dinner

Presented by The State Bar of California Antitrust, UCL and Privacy Section

November 3, 2016

The Julia Morgan Ballroom
Merchant Exchange Bldg., 15th Floor
465 California Street
San Francisco, CA

More details will be provided at Golden State Institute when the date draws nearer.

Tyson Foods v. Bouaphakeo: The Supreme Court Maintains Current Standards for Statistical Evidence in Class Actions

Lee F. Berger
Kristin S. Starr
Paul Hastings LLP

On March 22, 2016, the U.S. Supreme Court affirmed certification of a class under the Fair Labor Standards Act (“FLSA”), ruling that statistical sampling and other forms of “representative evidence” may be used to satisfy the predominance requirement for class certification under Federal Rule of Civil Procedure 23. Tyson Foods, Inc. v. Bouaphakeo et al., No. 14-1146, 577 U.S. ___ (March 22, 2016). Instead of promulgating a broad rule, the Court held that whether such evidence is admissible depends on case-specific factors, particularly emphasizing whether the proffered representative evidence would have been admissible in a case brought by an individual plaintiff. Read more.

Judge Gonzales Rogers Finds Issues of Fact Regarding Toshiba's Withdrawal Defense in Batteries

Qianwei Fu
Zelle LLP

The Hon. Yvonne Gonzalez Rogers of the United States District Court for the Norther District of California ruled on March 16, 2006 that the sale of an operating business in the relevant industry may not be sufficient proof of an effective withdrawal from a price-fixing conspiracy. In re: Lithium Ion Batteries Antitrust Litig., No. 13-md-2420 YGR, 2016 WL 1054584 (N.D. Cal. Mar. 16, 2016). Read more.

Thank You for Being a Section Member - Here's 6 Hours MCLE in Legal Ethics!

We're very grateful for your membership in the Section. As a token of that, we're offering six hours of self-study MCLE credit in the area of Legal Ethics. The programs are posted in our Member's Only Area.

Simply watch the programs and read the accompanying materials, and keep track of having done so. You can report this to the State Bar when it's time to demonstrate your compliance with the MCLE requirements.

California Antitrust and Unfair Competition Law, Revised Edition

California Antitrust and Unfair Competition Law, Revised EditionCheryl Lee Johnson, Editor-in-Chief

Gain authoritative understanding of California antitrust and unfair competition statutes, policies and issues with one-volume convenience. This treatise brings you up to speed on everything from horizontal combinations and vertical restraints to public enforcement of California antitrust laws and trial considerations.

You get full coverage of The Cartwright Act along with related California consumer and unfair competition laws, and how they apply to the health industry, regulated industries, the labor market, electronic media, the internet and other fields. Additionally, there are chapters covering damages, defenses to liability including exemptions and immunities, injunctive relief, class actions, attorney’s fees and costs, insurance issues, and much more. This publication includes contributions from over 120 highly experienced antitrust practitioners in both the private and government sectors, as well as the executive members of the Antitrust, UCL and Privacy Section of the California State Bar.

$260, 1 volume, loose-leaf, updated annually, Pub. #01577, ISBN 9780769856896

To order, call 800-223-1940 or visit the LexisNexis Store.

Contact Us

Antitrust & Unfair Competition Section
The State Bar of California
180 Howard Street
San Francisco, CA 94105-1639
415-538-2368 fax