Marketing & Advertising
Expert Witnesses and Consultants
The standards to which marketing and advertising are held are subject to many layers of law and regulation, ranging from older rules around fairness and accuracy to more modern issues involving data and privacy. Simply put however, if your advertising and marketing can’t withstand a legal challenge, your product or service will be in trouble. Advertising and marketing litigation is a complex field requiring careful navigation. Whether the legal challenge is from a government regulator, a consumer or a competitor, our experts can expertly address your client’s needs.
Our marketing and advertising expert witnesses have represented clients that manufacture products, provide services, and market and advertise products in many industries including, but not limited to:
- Consumer products and services
- Food and Beverage
- Medical Devices
- Entertainment and Media
- Oil and Gas
- Financial Services
- Environmental and Sustainability
These cases may be class actions or commercial litigation. Or they may involve regulatory investigations such as those initiated by the Federal Trade Commission alleging unfair, deceptive, or misleading advertising. Self-regulatory standards-setting organizations might be involved as well, such as the National Advertising Standards Board.
Our clients’ cases involve every type of advertising and marketing media: traditional television, radio and print media; direct mail and telemarketing; retail packaging and in-store displays; mobile marketing, social media, viral and other word-of-mouth marketing; affiliate marketing, SEO, SEM, keyword, and other search issues; and multi-level (network) marketing.
Expertise for Every Eventuality
Our marketing expert witnesses can consult on a wide variety of issues including:
- False and deceptive advertising
- “Literally” or “implied” False Claims
- Consumer fraud
- Consumer perception surveys
- Copyright and trademark infringement
- Trade dress
- Industrial trade patents
- Product packaging
- Puffery in advertising
- Direct-to-consumer advertising
- Off-label promotion
- Incentive travel and merchandising awards
- Outdoor advertising
- Negligent release of marketing data
- Internet fraud
As a representative sample in the advertising and marketing realm, over the years we’ve placed business valuation experts to determine the market value of product brands and goodwill that have been infringed; damages experts to determine the attributes consumers deem most valid in, e.g. smart watches; and consumer fraud experts to opine on misleading and deceptive advertising regarding such things as luxury bedding thread counts in a class action lawsuit. We have also placed experts who can develop surveys designed to evaluate consumers’ understanding of messaging.
A sampling of our marketing and advertising case studies and expert interviews showcases the breadth and depth of our experts’ proficiency.
Data Storage Industry Expert for Trade Secret Misappropriation Case
Data Storage Industry Expert for Trade Secret Misappropriation Case The need Attorneys representing an established provider of data storage systems in its case against a [...]
Packaging Expert for Slack-fill Case
Packaging Expert for Slack-fill Case The need Attorneys representing the plaintiffs in their case against a movie theater operator needed an expert in packaging to [...]
Chemical Engineering Expert for Class Action Alleging Fraud
Chemical Engineering Expert for Class Action Alleging Fraud The need Attorneys representing the plaintiffs in their class action against a consumer products manufacturer needed a [...]
Smart TV Design Expert for Consumer Class Action
Smart TV Design Expert for Consumer Class Action The need Attorneys representing the plaintiffs against a consumer electronics manufacturer needed an expert in the design [...]
Photograph Licensing Expert for Copyright Infringement
Photograph Licensing Expert for Copyright Infringement The need Attorneys representing a photographer in his case against a media company needed an expert in [...]
Nutritional Supplement Efficacy Expert for Class Action
Nutritional Supplement Efficacy Expert for Class Action The need Our client needed an expert to investigate whether a key ingredient in a nutritional [...]
Physical Science Expert for False Advertising Case
Physical sciences expert for false advertising case The need Attorneys at an AmLaw 100 firm defending a skincare company against a false advertising [...]
Consumer Products Recall Management for Class Action Lawsuit
Consumer Products Recall Management Expert for Class Action The need Attorneys representing consumers in a class action lawsuit against a heating, ventilation and [...]
Art Fraud Expert for Art Authentication
Art fraud expert for art authentication The need Attorneys at a top law firm needed an expert in art fraud and art authentication to consult [...]
Mass Spectrometry Expert for Investment Evaluation
Mass spectrometry expert for investment evaluation The need Partners in a startup needed an expert in mass spectrometry. The team was evaluating a [...]
How are false advertising claims proven?
Ask the expert: How are false advertising claims proven? In recent weeks, the FDA and FTC sent warning letters to companies selling fraudulent products [...]
Flavor Expert for Patent Litigation
Flavor expert for patent litigation The need Attorneys at a top-ranked AmLaw 100 firm needed a chemistry expert with specific expertise in food [...]
How We Find Your Experts
Unlike other companies who search for experts through stale databases, we work in lockstep with our clients to identify the precise expert you seek, even if only one exists. Our researchers know the industry’s elites and dig deep into the science to identify the proverbial “needle in a haystack” authority you need. Our entire methodology is founded on probing your expectations, thoroughly understanding your problem, framing the right questions to the right experts, and persistence seasoned by years of experience in this business. And as your case and needs evolve, we proactively anticipate that, too.
We succeed at locating knowledgeable experts with deep experience in the marketing and advertising arena because of our experience, our team of researchers who are themselves often Ph.D. scientists and our exacting search methodologies honed over 20-years in business. You will not find the technical expertise of our research department in any other expert placement firm. Our team and our process is unparalleled for successfully matching your perfect expert.
The primary criteria we use to select these individuals include, but are not limited to:
- Academic background and certifications
- Industry experience and professional background
- Location and travel limitations
- Experience in legal proceedings, including prior testimony experience
- Qualifications of the opposition witnesses
- Conflicts of interest
Our team of Ph.D. and J.D. researchers have years of experience in their disciplines and are consummately poised to identify experts who can fill the niche you need.
Whether you’re seeking a consumer fraud expert to help your company defend against a Federal Trade Commission false advertising investigation, or an environmental expert to testify about the environmental sustainability of your client’s product, our team has the technical understanding and extensive network to locate the perfect expert to suit your requirements.