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Our Work on Class Actions

Representative Cases:

Our Experts calculated payroll damages owed due to labor code violations for a class action lawsuit. The owners of a chain of franchise fast-food restaurants with hundreds of employees (i) had not been been making timely payroll payments, (ii) not been providing lunch and rest breaks, (iii) not paying overtime and (iv) not paying departing wages. The employer did not have proper records to reconcile payroll to timecard records, so Our Experts (effectively) recreated their payroll records. We then calculated penalties owed under California State Law. This matter did not do to trial; our work was used to aide in settlement.

Our Experts worked on a class action lawsuit involving one of the most popular brands of vodka. The vodka cultivated brand image of small-batch, artisanal quality, which the class alleged this as false advertising. Our Experts analyzed how the defendant’s vodka was priced compared to premium and standard vodka brands. Our Experts calculated the price premium between the defendant’s vodka and standard vodka, and rebutted an opposing expert that calculated damages using the price premium of the top vodka brands.

Our Experts were involved in a dispute between a class of group musicians and one of the largest labor union that represents them to the movie and entertainment industry. The union had hired a related-party to assist in the calculation of royalties for use of their music. This came at the class’ expense and the class alleged the union was breaching their fiduciary duty. Our Experts used statistical sampling to estimate by how much the royalties were being misallocated. Our Experts ultimately concluded that the relatively minor cost of the related-party services greatly outweighed the benefits to the class of getting proper royalty allocations.

Our Experts worked for one of the largest manufacturers of 100% cranberry juice. At the time, 100% cranberry juice was considered a premium health food product. A competing juice manufacturer was labelling their cranberry juice cocktail as cranberry juice. Our client alleged this labelling led to consumer confusion and lost sales of their premium product. Our Expert did a market survey to confirm there was consumer confusion and calculated lost sales. Our work was accepted by the Court and resulted in several million dollars of damages.

Credit: Sora Shimazaki

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