Multi-District Litigation (MDL): Complex Antitrust Class Action Defense

Complex antitrust class action cases are unique in litigation—there are few more specialized niches. What happens is that something—often announcement of an antitrust investigation by the Department of Justice or FTC—will prompt specialized class action plaintiff attorneys to file lawsuits all over the country, often against an entire industry of defendants.

Eventually, the Judicial Panel on Multidistrict Litigation (JPML) will determine whether to transfer the many cases to one federal court for pre-trial procedures—which may last several years. The Court that receives the “MDL case” will then usually hear motions to dismiss, manage discovery, determine class certification, and address motions for summary judgment. If the transferred cases survive all of those stages intact, they will be transferred back to their original jurisdiction for trial. The reality is that the cases are usually dismissed or settled before trial.

Not even a decade ago, a company caught up in the antitrust blizzard had no choice but to hire a large, multinational law firm and spend millions of dollars just to keep up with their discovery obligations in the case—let alone to prevail. Only big law firms had the infrastructure, manpower, and a large supply of talent to handle these gigantic, multi-district cases.

But the times have changed, and the market for legal services is changing with them. Boutique law firms with less overhead, an entrepreneurial spirit, and concentrated talent, can now represent clients in these cases with as much success as the big law firms and at lower price without sacrificing quality and experience. Bona Law is at the forefront of these exciting changes. Jarod Bona founded Bona Law after spending a dozen years in big law firms because he thought he could do it better. And Bona Law has now demonstrated its capabilities in multiple complex antitrust class action cases. Here’s how we do it differently.

A Lean, Mean Team

Bona Law strives for a level of efficiency that big law firms simply can’t offer—they built their businesses around large teams of lawyers and support staff who they must keep busy. Bona Law builds a strong lean team based upon both talent and efficiency and we bring in specialists like Pangea3 for large document reviews to save the client costs and make sure that the job is done right.

Unbounded Creativity

Large law firms are conservative—in each complex case, they often take the same general path, focusing only on the key pivot points of litigation. Individual attorneys at large law firms are often so afraid of making a mistake or upsetting someone more senior on their team that they don’t move as aggressively as they should.

At Bona Law, we consider your goals and your budget in crafting our litigation strategy. We believe law has an important psychological element—as the court and opposing counsel are all composed of people—and we don’t wait to start distinguishing our clients in ways that positively affect outcomes later on. We take actions for our clients because we think they are optimal, not because the action is safer or is the way it has always been done. We look for an edge for our clients and can implement actions in our client’s best interests without bureaucracy.

Business Comes First

Law firms typically aren’t very good at recognizing how business goals can affect legal strategies; they take a one-size fits all approach and often give up important business issues for the sake of the litigation. The tale should not wag the dog. As entrepreneurs, we understand that your business objectives come first. We see ourselves as an extension of your business, and we craft our litigation strategies with those goals in mind.

If you have had one or more class action lawsuits filed against your company, please contact us to discuss whether we can help you. We recommend that, regardless of whether you hire us, you get legal counsel on board right away, as there is a lot of activity when the cases first start coming in.