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Participating as an unnamed class member in antitrust class action litigation is not always the best option for purchasers to recover losses caused by a price-fixing conspiracy or other conspiracies that violate the antitrust laws. Our firm handles “opt-out” litigation, also called “direct action” litigation, in which a purchaser “opts out” of a class action and pursues claims in a lawsuit separate from a class action.
 
Direct action is often, but not always, an attractive option for purchasers. An opt-out plaintiff has greater control over its litigation and can often recover more than it would remaining a member of a class. Class counsel often focuses on damage models that address the class as a whole but might not maximize an individual purchaser’s recovery. We focus on calculating and proving damages to maximize our client’s recovery.
 
All our partners have experience with antitrust opt-out actions. As a litigation funder, our founding partner Richard Fields invested $100 million in antitrust opt-out cases that collectively generated over $1.0 billion in settlements. Our partners Ed Han and Martin Cunniff for twenty years were members of the number one ranked antitrust practice in the world when they were with the Howrey LLP firm.

How We Support You

We win even the most complex cases with the best teammates and tools ready to assist.

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We select the case. 

At Fields Han Cunniff, integrity comes first. We only work on the cases we believe in with clients we trust.

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We select the team. 

We build a team of the best and brightest lawyers, consultants, experts, and investigators with proven records of success in their respective fields.

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We focus on economics.

We create the right financial structure to support your case so that together, we can manage risk and achieve the best possible outcome.

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We build the strategy. 

We believe that litigation is one tool to fight back against injustice at all levels: individuals, organizations, and governments. 

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We manage the team. 

Given our track record of more than tens of billions of dollars in settlement claims, we know how to build relationships with clients and pull in the experts needed to win the case. 

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We share risk with our clients.  

We work on contingency fees or alternative fee models, unless the case is a compelling pro bono matter. In doing so, we attract and retain the best talent to execute a winning strategy.