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:

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
  • Sweepstakes
  • Incentive travel and merchandising awards
  • Telemarketing
  • Outdoor advertising
  • Privacy
  • 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.

ASK THE EXPERT

How are false advertising claims proven?

Interview with Dr. Stephen Nowlis

We reached out to expert Dr. Stephen Nowlis to learn how the government or competitors prove false advertising. He has served as an expert witness on cases involving deceptive advertising, trademarks, marketing, survey research, and consumer behavior issues.

CASE STUDY

Physical sciences expert
for false advertising case

Attorneys at an AmLaw 100 firm defending a skincare company against a false advertising claim suit brought by another company specializing in light – based skin products needed a heat transfer expert to help prepare a rebuttal report.

pills

CASE STUDY

Supplement efficacy
expert for class action

An attorney needed an expert to investigate whether a key ingredient in a nutritional supplement lived up to the claims on the product label.

CASE STUDY

Chemical engineering expert
for fraud class action

Attorneys representing the plaintiffs in their class action against a consumer products manufacturer needed a chemical engineer to make their misabled products case.

CASE STUDY

Photograph licensing expert
for copyright infringement

Attorneys representing a photographer in his case against a media company needed an expert in the pricing of licensed photographs to help prove their case for damages.

CASE STUDY

Supply chain accountability
for fraud class action

Attorneys representing customers of several well-known retailers in a class action suit claiming that the retailers and product manufacturer violated the Textile Fiber Identification Act needed an expert in supply chain management.

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
  • Fees

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.