Rule 23(c)(4) Issue Certification: Reconciling the Conflict With Rule 23(b)(3)'s Predominance Requirement

Mr. Hamburger is a seasoned litigator, trial lawyer, and business adviser focused on complex civil and criminal litigation. He has represented clients in some of the largest antitrust trials over the past 15 years, advised them on antitrust compliance issues, defended them against criminal investigations, worked to secure clearance from global competition authorities for their mergers or acquisitions, and led them through all phases of civil litigation, including on appeal. Mr. Hamburger's practice focuses on defending domestic and international clients against actual or potential claims brought by class-action plaintiffs, state attorneys general, large opt-out plaintiffs, and competition agencies such as the U.S. Department of Justice. Where appropriate, he has also represented multinational corporations bringing claims against their competitors for anticompetitive practices.

McNamara litigates complex, multi-state class action lawsuits against manufacturers and consumer service providers such as banks, insurers, credit card companies and others. As a tireless advocate for consumers, he has worked on numerous cases involving data breaches, dangerous pharmaceuticals and medical devices, light cigarettes, defective consumer products, and environmental torts. Mr. McNamara has been involved in precedent-setting cases that tackled issues of preemption, choice of law, and class certification. He is a hands-on litigator who takes pleasure in the details, facts, and documents of each case. Prior to joining Cohen Milstein in 2001, Mr. McNamara was a litigation associate at an international defense firm, specializing in pharmaceutical and product liability cases. He started his career at New York City’s Legal Aid Society, defending indigent criminal defendants at trial and on appeal.