Class Actions and Class Certification

Securities Class Actions

Economists are often used as consultants and expert witnesses in matters involving securities fraud. However, our work often begins well before a case makes its way into the courtroom. When engaged early on and throughout the life of a case, economists can be important members of the team crafting appropriate legal strategy.

Even before the case gets underway, clients often ask us to estimate the exposure and the amount that defendants are likely to pay if the case settles. Using our knowledge of plaintiff-style damage calculation methodologies and our proprietary database of information on hundreds of prior shareholder class action settlements, NERA provides estimates for both of these figures to help counsel better assess the magnitude of the case.

NERA also helps clients deal with the early phases of arguments about whether or not a case should proceed. Specifically, if there is a class action, we provide the information about whether the market in which securities traded was efficient and on the extent of conflicts among class members. Depending on the case, we may also be able to point out economic arguments in favor of or against defendant liability. This information can be used in discussions with opposing parties. If the case does proceed, NERA provides additional arguments on liability and performs more refined damage analyses used in settlement negotiations or at trial.

We are often asked to critique opposing expert reports and analyses, pointing out their strong and weak points, any methodological errors and, when appropriate, to help counsel prepare Daubert motions to exclude opposing testimony.