Antitrust and Consumer Protection

Competition: Spring 2016, Vol 25, No. 1

MANAGING ANTITRUST AND COMPLEX BUSINESS TRIALS-A VIEW FROM THE BENCH

With Judges William H. Orrick III, Christina A. Snyder, and Jon S. Tigar Moderated by Niall E. Lynch1

Trying an antitrust or complex business case in federal court presents a significant challenge to any lawyer. Antitrust cases present unique and complex legal issues that must be conveyed in an understandable way to a jury. In addition, marshaling the facts in a clear and persuasive manner and effectively using expert witnesses creates additional challenges for trial counsel. Finally, on top of the complex legal and factual issues, trial counsel must ensure that their case does not run afoul of the District Court Judge’s expectations of how the lawyers should conduct themselves in their courtroom. Understanding the perspective of the trial judge can make the presentation of your case run more smoothly and effectively.

Thus, on October 29, 2015, Judges William H. Orrick III,2 Christina A. Snyder,3 and Jon S. Tigar4 spoke at the 25th Annual Golden State Antitrust and Unfair Competition Law Institute on the topic of managing antitrust and complex business trials. They discussed their real world experience in managing complex cases, and provided invaluable tips to litigants on how to effectively try cases in their courtrooms.

Moderator: Let’s start with having each of the judges provide us with a brief background on their prior experience in antitrust and/or complex business trials. As well as any general comments and observations on presiding over complex business trials, including practice tips for lawyers trying complex cases in your courtroom.

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