ArticleAI And Securities Class Action LitigationIn recent years, public US companies have increasingly mentioned artificial intelligence (AI) in SEC filings and earnings calls.United StatesCorporate/Commercial LawNERA
ArticleRecent Trends In Securities Class Action Litigation: H1 2025 UpdateDuring the first half of 2025, 108 new federal securities class action suits were filed. Of these, 65 cases were filed in the first quarter of 2025, a five-year high, and 43 cases were filed in the second quarter, a five-year low.United StatesCorporate/Commercial LawNERA
ArticleAntitrust Comes Of Age In ChinaOn 30 August 2007, China’s Anti-Monopoly Law (AML) was passed on its third reading before the Standing Committee of the People’s National Congress (NPC). The AML has finally been adopted after almost 14 years of planning, drafting, and debate. It will become effective on 1 August 2008.ChinaAntitrust/Competition LawNERA
ArticleThinking About AI Bias Like An EconomistAutomated decision-making tools in consumer lending promise improved efficiency and accuracy, but they also risk embedding historical biases and creating new forms of discrimination. Economic analysis reveals fundamental tradeoffs between predictive precision and fairness that no single metric can resolve, raising critical questions about how lenders should navigate AI bias while maintaining profitability and regulatory compliance. United StatesConsumer ProtectionNERA
ArticleFederal Securities Class Action Filings Grew 10% In 2013Two recent reports, one by NERA Economic Consulting, and the other by Cornerstone Research, indicate that the number of securities class actions filed by plaintiffs in the federal courts grew by approximately 9-10% in 2013 as compared with 2012. United StatesCorporate/Commercial LawMintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
ArticleUS 600MHz Incentive Auction: Reverse Auction Rules & Forward Auction RulesThe US "Incentive Auction" of 600MHz (UHF) bandwidth is the most ambitious spectrum auction ever proposed. Up to 144 MHz of "beachfront" radio frequencies could be repurposed from terrestrial broadcasting to mobile broadband. United StatesMedia, Telecoms, IT, EntertainmentNERA
ArticleThe NERA Petition, FERC's Dilemma, And The Economic Future Of Rooftop SolarThe April 14, 2020 filing by New England Ratepayers Association (NERA) is a serious attempt to force Federal Energy Regulatory Commission (FERC)United StatesEnergy and Natural ResourcesWomble Bond Dickinson
ArticleLessons In Evaluation: Shaping Successful Policy, Business Decisions, And Legal OutcomesDetermining the impacts of actions, investments, and policies is increasingly important for policymakers, lawyers, and businesses. Impact evaluation compares what has happened in the real world...United StatesLitigation, Mediation & ArbitrationNERA
ArticleEuropean Commission Digital Fairness ActThe European Commission released a call for evidence regarding the proposed Digital Fairness Act. The Digital Fairness Act (DFA) is a proposed new EU consumer...United StatesConsumer ProtectionNERA
ArticleEvolution Of Prices For Mobile Spectrum And Possible ExplanationsThe adoption of 4G and 5G technologies has led to a remarkable surge in mobile data consumption, prompting regulators worldwide to make substantial amounts of new spectrum available to mobile operatorsUnited StatesEnergy and Natural ResourcesNERA
ArticleWhy Do Sampling And Extrapolation Matter? Unlocking The Power Of Statistics For Better Outcomes.In today's data-rich environment, it is often impractical or even impossible to observe and analyse every individual item within a population. This is especially true in complex industries such as commercial construction...United StatesReal Estate and ConstructionNERA
ArticleDisputes In The Transport Sector: Key Questions, Methodological Issues, And Current TrendsThe transport sector covers many subsectors, giving rise to a broad range of potential disputes including investor-state disputes, disputes between construction companies...United StatesLitigation, Mediation & ArbitrationNERA
ArticleDo Options Backdating Class Actions Settle For Less?Despite the widespread attention given to "options backdating" by investors, regulators, the legal profession, and the news media, the issue has not generated the spate of shareholder class action litigation that some observers anticipated. United StatesLitigation, Mediation & ArbitrationNERA
ArticleMisleading Metrics: The Limitations Of The Two-Step Econometric Method In Establishing Common ImpactPlaintiffs' experts in antitrust class actions often employ a two-step econometric method to demonstrate common impact across class members. New research reveals fundamental flaws in this widely-used approach, showing how it systematically produces false positives and identifies class-wide impact even when no actual harm occurred. United StatesAntitrust/Competition LawNERA
ArticleSimulation Models For The Quantification Of Cartel DamagesA German court's landmark decision in the European bathroom fittings cartel case has established a five-step framework for estimating cartel damages, with particular emphasis on using economic simulation models to assess pass-through rates to indirect purchasers. This analysis explores how these models address the fundamental challenge of reconstructing unobservable counterfactual market conditions and demonstrates their practical applicability in litigation. GermanyAntitrust/Competition LawNERA
ArticleCleared For Take-Off: The CAT Dismisses Fourth Subsidy Control Challenge Relating To A £205 Million Subsidy To Cardiff International Airport LimitedThe Competition Appeal Tribunal's latest judgment examines a £205.2 million subsidy to Cardiff International Airport, marking the first detailed application of subsidy control principles under the 2022 Act. The case explores critical questions about airport insolvency, potential subsidy flow-through to air carriers, and the rationality of ministerial compliance assessments, establishing important precedents for future subsidy evaluations and legal challenges. United KingdomAntitrust/Competition LawNERA
ArticleCompensation Disputes Under The Data Act: How To Prepare For Terra IncognitaIn 2023, the European Commission (EC) introduced the Data Act, effective since September 2025, to improve the access users of connected products and related services and third parties enjoy to the data generated...United StatesPrivacyNERA
ArticleInstitutional Housing Investors And The Great RecessionThe housing boom of the mid 2000s ended with the Great Recession, culminating in a housing bust.United StatesReal Estate and ConstructionNERA
ArticleThe Enforcer – Coming Soon To A Workplace NERA YouIn March of this year the Government, as part of its commitment in Towards 2016, introduced The Employment Law Compliance Bill 2008 ("the Bill"). IrelandEmployment and HRDillon Eustace
ArticleEarly, Empirical, Essential: Engaging The FTC’s BCP And BE On Economic Analysis In Consumer Protection InvestigationsFTC Bureau of Consumer Protection (BCP) Director Chris Mufarrige recently penned a blog post entitled "How to Best Engage with BCP and BE on Economic Analysis in BCP Investigations." United StatesConsumer ProtectionNERA