November 14, 2016

Given his vows to roll back federal regulations and nominate conservative judges, Donald Trump's election win has some wondering whether the private plaintiffs bar can serve as a sort of backstop against consumer and investor fraud. Then there's the practical question of whether plaintiffs lawyers will find it harder to earn their keep in a Trump era.

Antitrust practices may be insulated to some extent, said Cohen Milstein partner Daniel Small. Cases alleging price-fixing or other unfair market manipulation concern issues that "no one out there likes," he said. "Those kinds of cases every judge can get behind, if there's evidence of a conspiracy," said Small. "That, frankly, is a very large part of the kinds of cases we as private plaintiffs bring."

Small acknowledged concerns about the administration scaling back its antitrust enforcement efforts. But if the federal government retreats, he predicted, state attorneys general and private plaintiffs will redouble their efforts. "I think that, whatever happens in the government, there will be vigorous enforcement among private plaintiffs," he said. "I don't believe that our approach will change at all."

The full article can be read here.