Jenner & Block Partner Kenneth K. Lee discusses Comcast v. Behrend, a case recently argued before the U.S. Supreme Court, in a “SCOTUScast” produced by the Federalist Society for Law and Public Policy Studies. In the December 7 broadcast, Mr. Lee examines the legal and practical implications of the case, which presents the question of whether acourt may certify a class action before determining if the plaintiff seeking certification has introduced admissible evidence, including expert testimony, showing that damages in the case can be awarded on a class-wide basis. Mr. Lee speculates that the Supreme Court will require district courts to scrutinize expert testimony, though courts may not have to engage in full Daubert analysis at the class certification stage.
Mr. Lee is a litigator who has extensive experience in both private practice and government service. He has led internal investigations and has been an active member of trial and arbitration teams -- including as lead trial counsel -- on a wide range of business litigation matters, including numerous false advertising and consumer class action lawsuits in which he achieved dismissals of claims and denials of class certification. Mr. Lee also has successfully defended Fortune 500 companies against securities fraud and breaches of fiduciary duty, handled insurance coverage disputes, and litigated other complex commercial cases.
Mr. Lee previously served as an Associate Counsel to the President of the United States, representing the White House in congressional and other governmental investigations, and providing advice for the President and senior White House officials on a host of legal issues. He also strategized and coordinated litigation matters with the U.S. Department of Justice.
Please click here to link to the “SCOTUScast.”