Marketing

  • Performed customer confusion survey and quantified damages in a dispute involving a claim of trademark infringement in the express mail industry
  • Opined on distribution issues related to a large antitrust matter involving caskets.
  • Opined on the likely and actual causes of membership declines in a case involving a retail co-op suing an accounting firm for damages stemming from a restatement of earnings. Topics included changing retail market, effect of pricing changes on consumer behavior, customer satisfaction and loyalty, retail economics.
  • Studied and opined on issues pertaining to liability in a case involving a CEO that was sued by a retailer for reckless management and malfeasance. Our report and testimony focused on the reasonableness of actions taken by CEO, including retail strategy and supply chain management, among other issues.
  • Performed analysis and provided expert testimony in a class action involving unfair trade practices in the tobacco industry. Our expert addressed issues such as retail channel strategy, in-store advertising and displays, elasticity of demand, and trade promotion.
  • An advertising and marketing services company sued a larger competitor for unfair trade practices. Claims included bundling, predatory pricing and disparagement. Our expert report focused on how players in the market made decisions, what variables were important, and how the industry was changing. Topics included: retail in-store marketing, trade promotion, consumer packaged goods marketing, marketing mix, and advertising.