Steven Bizar and Christine Levin, Dechert

Tell us about your biggest trial win from January 2017 to July 2018 and how you achieved the result for your client.

Dechert won a defense verdict for R.W. Sauder, a family egg business, in a rare antitrust class-action trial. Plaintiffs alleged that 13 egg producers conspired to reduce the domestic supply of eggs through early slaughter of hens, at-loss exports, and a “sham” animal welfare program designed to reduce the U.S. hen population.

Facing $1.1 billion in alleged damages, 10 of the producers settled; Sauder and two others went to trial. Keen to avoid a “battle of the experts,” Dechert instead sought to demonstrate Sauder's independent decision-making through clear client testimony, not econometric analysis. After a five-week trial, the jury concluded that, while a conspiracy existed, Sauder had not joined it.

Share two trial tips that have been key to your success.

1. Each case is unique. Each case deserves consideration of a unique approach. Just because “everyone” uses an economic expert in an antitrust case doesn't mean it is always appropriate.
2. Listen to your clients and let them speak in their own words. Although they may need help in learning how to testify, they know the facts better than anyone.