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About Philip A. Giordano

Philip A. Giordano is a partner based in Hughes Hubbard’s Washington office. Philip practices in all areas of antitrust law, including transactional matters before the Federal Trade Commission (FTC) and Department of Justice (DOJ), government civil and criminal investigations, complex civil litigation, criminal defense, and client counseling. In addition to seven years in private practice, he draws on more than 15 years of experience as a prosecutor in the Antitrust Division of the DOJ, where he served as a Trial Attorney in both the Washington Criminal I Section and the Technology and Financial Services Section, and as a Special Assistant to the Directors of Enforcement in the Antitrust Division’s Office of Operations. Philip’s experience in antitrust matters spans a diverse set of industries, including computer hardware and software, auto parts, telecommunications, generic drugs, financial services, media and entertainment, publishing, chemicals, air cargo transportation, and consumer goods.

About Hughes Hubbard & Reed LLP

Hughes Hubbard & Reed LLP is an international law firm ranked for 12 years, including five years in a row as the top-ranked New York-based firm, on The American Lawyer’s A-List of what the magazine calls “the top firms among the nation’s legal elite.” We advise and represent clients in over 30 specialized practices. Our firm strikes the balance between scale and agility, handling large and complex matters, while remaining flexible to adapt to clients’ needs and market developments. For more information, please visit

Event Summary

In the class certification stage, plaintiffs bear the evidentiary burden to satisfy Rule 23 of the Federal Rules of Civil Procedure. District courts are required to consider all probative evidence regardless of overlaps or other merit issues, especially regarding the inclusion of unharmed class members. Recent Supreme Court decisions in Goldman Sachs and TransUnion clearly articulate this mandate. However, in most antitrust class action cases providing evidence of a class-wide impact remains a challenge.

While some courts advise using statistical methods in proving injury and representative sampling, others believe that proper certification can be possible if there is an existing method to separate injured from uninjured class members.

Listen as experienced class action litigation lawyers Jeffrey J. Amato (Winston & Strawn LLP) and Philip A. Giordano (Hughes Hubbard & Reed LLP) provide a comprehensive guide on the procedures and requirements for antitrust class certification. The speakers will also discuss the most notable cases and court decisions as well as their impact on class certification proceedings.

Key topics include:

• Overview of Class Certification Proceedings

• Antitrust Class Certification Requirements

• Notable Cases and Court Decisions

• Impact and Implications of Recent Court Decisions

• What Lies Ahead

About The Knowledge Group

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