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Survey Design & Sampling Expert Witnesses

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Dr. Charles Cowan
Managing Partner
11467 Huebner Road, Suite 200
San Antonio TX 78230
USA
phone: 210-641-2817
fax: 210-641-9892
Analytic Focus specializes in Financial, Economic, Demographic, and Statistical Research. We're Ph.D.s with decades of experience working in academia, industry, and Federal agencies. We provide exceptional value in interpretation of data, insight regarding business problems, and scholarship on best practices.

We estimate numbers needed for the best representation of your client. We evaluate flaws in analyses underpinning your arguments or your opponents. We've testified in Federal & State courts.

Complex Litigation
Antitrust, Deceptive Sales Practices, Securities & Lost Sales

Banking & Finance
Misrepresentation & Fraud, Securitizations, Regulation

Insurance & Reinsurance
Breach of Contract, Risk & Pricing Issues

Environmental/Mass Tort
Validity of Claims, Damages & Volume of Claims Forecasting

Class Actions and Class Certification
Commonality, Predominance, Mass Valuation

Fair Housing, Fair Lending, Labor & Employment
Discrimination & Disparate Impact

Intellectual Property
Trade Mark, Trade Dress, Patent Infringement
Confusion, Dilution, Lost Profits, Diverted Sales
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Dr. Palmer Morrel-Samuels
210 Park Street
Chelsea MI 48118
USA
phone: 734-433-0344
fax: 734-433-0346
palmer-morrel-samuels-photo.jpg
Dr. Palmer Morrel-Samuels is a Research Psychologist with extensive training and experience in Statistical Analysis and Assessment Design. He has done a considerable amount of research and applied work on communication, testified to the U.S. congress on employee motivation and its linkage to objective performance metrics, published several articles on survey design in Harvard Business Review, among others, and wrote several patents to assist in the administration and analysis of workplace assessments. Dr. Morrel-Samuels currently teaches graduate courses on survey design and research methodology at the University of Michigan.

Litigation Services: Dr. Morrel-Samuels' education, practical experience, and distinguished authorship have made him a valuable resource for providing expert services in legal cases where workplace surveys or assessments are at issue, including:
  • Statistical analysis of very large datasets, measuring the impact of corporate culture on performance and race discrimination.

  • Analysis of a survey's validity, reliability, objectivity, fairness, accuracy, confidentiality, freedom from response bias, and conformance to The Uniform Guidelines pertaining to all workplace assessments.

  • Statistical analyses of performance-related and survey-related data.

  • Desiging and conducting employee and workplace surveys, including Electronic surveys.

  • Disparate Impact & Disparate Treatment litigation.

  • Careful job analysis using court-approved methodology in FLSA litigation.

  • Performance appraisals, job evaluations, skill assessments.

  • Program evaluations, especially when used in hiring, firing, or other job actions.
Expert Witness Experience, includes: Assisted the NAACP in its amicus brief for the Ricci discrimination case. Was the sole statistician in a successful $100M breach of contract case (Tower Automotive v. UNOVA) that required analyzing 4 million rows of data. Testified for the ICC’s International Court of Arbitration in The Hague. Has successfully withstood Daubert challenges - most recently from the City of Indianapolis in a large discrimination case involving the city's fire department.

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This paper outlines a number of innovations that we have recently implemented in the Research Methodology Course at the University of Michigan's School of Public Health.

3/29/2013 · Surveys
THERE'S NO DOUBT that companies can benefit from workplace surveys and questionnaires. A GTE survey in the mid-1990s, for example} revealed that the performance of its different billing operations, as measured by the accuracy of bills sent out, was closely tied to the leadership style of the unit managers.

This might come as a shock: Employees in large corporations sometimes mistakenly believe that they have been discriminated against. Admittedly, discrimination does occur, both in society and in the workplace. And as most attorneys know, many discrimination cases concern claims of either adverse treatment or adverse impact.

Effective evidence-based managelnent requires analyzing data from a broad array of sources and conducting carefully designed pretest-posttest comparisons. However, our experience suggests that few businesses take that process to the next level by building merged datasets that can be used for rigorous pretest-posttest comparisons and meaningful statistical analyses.

10/10/2012 · Surveys
Companies are replacing paper surveys with Web-based versions that can dangerously distort the results.

No contemporary guide exists for using statistics to prove causality in court. We outline a new theory explaining comprehension of causal graphs, and claim four hallmarks of causality are critical: Association, Prediction, Exclusion of Alternative Explanations, and Dose Dependence.

4/23/2012 · Social Issues
We distinguish between reverse discrimination and over-correction, arguing that the former should be used only to describe cases where well-qualified non-minority applicants are unjustifiably denied positions in organizations run by and/or staffed by minorities. Similarly, we argue over-correction should be used to describe well-qualified non-minority applicants who are unjustifiably denied positions in organizations run by non-minorities.

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Dr. Thomas Maronick
DBA, JD
5911 Charlesmead Avenue
Baltimore MD 21212
USA
phone: 410-435-8387
Dr. Thomas Maronick has provided both plaintiff and defense litigators with marketing and consumer expertise for over ten years. Prior to that he was the in-house marketing expert at the FTC. Since leaving the FTC in 1997, Dr. Maronick has been qualified as an expert in numerous federal and state courts, providing expert reports, affidavits, and testimony on marketing, advertising, and consumer behavior matters. Dr. Maronick has designed and implemented over 300 consumer surveys for litigation and/or policy related strategies, using virtually every survey research methodology, including mall-intercept studies, telephone and mail surveys, and studies using the internet and consumer mail panels.

Dr. Maronick has testified (deposition/trial) over 20 times in the past five years and is the author of research of the use of surveys in litigation.

Areas of Expertise:
  • False and Deceptive Advertising
  • Deceptive Marketing Practices
  • Consumer/Advertising Survey Research
  • Packaging
  • Direct Marketing Promotions/ Internet Domain Name Research
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    G. Michael Phillips, PhD
    750 E. Walnut Street
    Pasadena CA 91101
    USA
    phone: 626-744-3540
    fax: 626-744-3530
    Phillips- Fractor-and-Company-Logo.gif
    Phillips, Fractor, and Company (PFC) is a boutique litigation support and consulting firm that specializes in Economic, Financial, Statistical, Managerial, Valuation, Accounting, and Complex Analyses.

    PFC's team is comprised of experts and consultants who blend active academic careers with real-world experience in a variety of fields. They draw on economic theory, statistical analysis, survey research, mathematics, computer science, business theories, and management best practices to conduct high quality research based on appropriate methodology to give precise insights into specific research problems which they clearly communicate in a variety of venues.

    Litigation Support / Testifying Experts - PFC's team of PhDs and other leading experts work closely with clients from the beginning to the end of each engagement, identifying key issues, selecting appropriate methodologies, conducting and supervising analysis, writing reports, and testifying or otherwise presenting results in a clear and understandable manner.

    Labor and Human Capital Related Expertise:
    • Asbestos & Toxic Torts - Assess damages to individuals or groups from toxic torts including asbestos. Experience includes economic loss from lost years, early death, disability, limited work life, work restrictions, and secondary damages including impact on dependents, shareholders, and companies
    • Wrongful Death, Personal Injury, Medical Malpractice - Estimate the present value of lost income, lost household services, lost personal services, personal consumption adjustments, and the value of life care plans. Estimate present values and annuity equivalent values of loss and economic losses from injury. Medical malpractice cases include “bad baby”, misdiagnosis, mistreatment, unlicensed technicians
    • Employment Benefits and Compensation Litigation & Valuation - Valuation of contracts, appropriateness of executive compensation, valuation of stock options and incentive compensation plans, and valuation of private interests. Value wrongful termination, wrongful recruitment, failure to promote, constructive discharge, ADA "failure to accommodate," fraud, whistle blower, retribution, retaliation, etc.
    • Employment & Compensation Class Actions - Analyze allegations of unpaid meal and rest breaks, unreimbursed expenses, analysis of payroll rounding policies, misclassification and job content analysis, analysis of inside worker exemptions, impact of nontraditional work schedules, unpaid and underpaid overtime, and many issues associated with prevailing wage laws
    • Discrimination and Disparate Impacts - Analyze testing underrepresentation, failure to promote, income disparity, disparate impact of policy, biased pay policies, etc. Cases involve age, race, gender, orientation, religion, national origin, affiliation, and ADA related issues
    • Family Law Issues, Valuations, Appropriate Compensation Analysis - Valuation of real and personal property and community and separate property, applying business valuation techniques, analyzing appropriate compensation, valuing investment portfolios and pensions, estimating future cash needs, analyzing impact of different regional cost of living, determining value of privately held businesses, and other accounting, financial, and economic applications
    • Product Liability - Analyze customer records, perform actuarial type analysis on warranty claims and product failures, work with lemon law type issues, and perform surveys and focus groups to develop data regarding liability and damages in a wide range of product liability cases
    • Surveys & Sampling - Provide sampling and analytical services to government agencies, trade associations, corporations, and litigants. Common applications include selecting employee records to determine the estimated impact of a compensation policy and selecting purchasers of a particular consumer item to test failure rates, determining sampling frame for randomized depositions, and creating, implementing, and analyzing surveys, focus groups, census type studies, and other types of survey and questionnaire analysis
    • Statistics, Econometrics, & Forecasting - Create forecasts, "what if" simulations and models, test hypotheses, and perform custom research. Determine excessive stock trading, impact of alternative investment policies on portfolio risk and return, determine "but for" promotion patterns to assess potential glass ceiling effects, and forecast long term housing starts
    • Class Actions, Mass Actions, Mass Torts - Assess commonality, or lack thereof, using economic and statistical analysis. Cases have included discrimination in a nationwide vehicle lease agreement, damages under various FLSA claims, impact on customers of tainted pharmaceutical products, wind turbine abnormally high failure rate
    View PFC's Consulting Profile.
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    G. Michael Phillips, PhD
    750 E. Walnut Street
    Pasadena CA 91101
    USA
    phone: 626-744-3540
    fax: 626-744-3530
    Phillips- Fractor-and-Company-Logo.gif
    Phillips, Fractor, and Company (PFC) is a boutique litigation support and consulting firm that specializes in Economic, Financial, Statistical, Managerial, Valuation, Accounting, and Complex Analyses.

    PFC's team is comprised of experts and consultants who blend active academic careers with real-world experience in a variety of fields. They draw on economic theory, statistical analysis, survey research, mathematics, computer science, business theories, and management best practices to conduct high quality research based on appropriate methodology to give precise insights into specific research problems which they clearly communicate in a variety of venues.

    Litigation Support / Testifying Experts - PFC's team of PhDs and other leading experts work closely with clients from the beginning to the end of each engagement, identifying key issues, selecting appropriate methodologies, conducting and supervising analysis, writing reports, and testifying or otherwise presenting results in a clear and understandable manner.

    Commercial Damages and Valuation Expertise:
    • Lost Profits - Business interruption, bad faith, faulty materials, transportation corridor closures, theft of trade secrets analysis. Analyze loss due to piracy, theft of trade secrets, unlicensed use of tools and plans, and intellectual property infringements
    • Commercial Damages - Estimate extensive damage or loss due to contract disputes, fraud and unfair competition, or negligence claims
    • Intellectual Property - Estimate losses and licenses associated with intellectual property. Apply advanced economic and statistical analysis, hedonic valuation methods, Georgia-Pacific factors, surveys, focus groups, analytical approaches, reasonable royalty analysis, cost savings estimates, industry "rules of thumb," meta-analysis, and other appropriate methodologies; brand and trademark confusion; market research surveys, focus groups, and analysis; utilization of online surveys for quantitative analysis and hypothesis testing; valuation of trade secrets, know-how, and proprietary processes; Hedonic Price Regression
    • Financial Analysis - Pro Forma analysis, deal analysis, simulations, "what if" analysis, real options valuation, and analysis of contracts. Competitive benchmarking, industry analysis, analysis of start-ups, cost of credit, credit rating damages, appropriate discount rates, weighted average cost of capital, cram down rates, and analysis of "but for" potential rates of return and appreciation
    • Investment Market Analysis - Analyzed hundreds of open market class action securities cases involving 10b-5, 33, and 34 act issues; investment valuation; event studies; options and derivatives valuation; portfolio construction; analysis of risk and return; analysis of investment characteristics; analysis of commissions; analysis of trading frequency; analysis of prudence; benchmark comparison and analysis; Index creation and analysis; ETFs, mutual funds, hedge funds, structured products, UITs, commercial banking; custom modeling
    • Investment Suitability - Link investor risk tolerance to investment characteristics; identify impact of investments on overall portfolio; model portfolio analysis; analyze impact of economy on investments and portfolios; UPIA; UPMIFA; managed accounts; PPM analysis; hedge funds; investment "systems"; quantitative modeling; surveys, focus groups, class census analysis; Real Options analysis; "what if" analysis; Monte Carlo & Simulation; Financial Econometrics
    • Internet Issues - Assess value by using statistics and econometrics to measure "internet presence"; test for trademark, URL, and brand confusion; start-up valuations; shadow stock valuation; domain name valuation; search engine confusion; unauthorized likeness
    • Industrial Organization & Competitive Analysis - Determine the competitiveness of markets including monopoly and monopsony power, concentration ratios, valuation of acquired interests, HSR analysis, pre-merger and acquisition analysis, securities valuation, financial analysis of contingent liabilities, real options analysis, industry analysis for trade associations and regulatory entities, econometric modeling and forecasting, and custom research
    • Entertainment Industry - Valuation, forecasting, modeling; statistical analysis of script content; royalty and licensing computation; quantitative analysis; special projects
    • Product Liability - Analyze customer records, perform actuarial type analysis on warranty claims and product failures, work with lemon law type issues, and perform surveys and focus groups to develop data regarding liability and damages
    • Real Estate & Urban Policy - Fiscal and economic impact analysis, financial analysis, and public private partnership/joint venture negotiations; eminent domain analysis; hedonic regression analysis; statistical valuation models; regional economic forecasting; analysis of public policy on local economy; impact of environmental issues on property values; impact of tax policy; special projects
    • Construction Defects & Destructive Testing - Create and supervise or evaluate sampling plans; compute margins of error; compute projections and extrapolations
    • Surveys & Sampling - Mail, telephonic, computer panel surveys; focus groups; questionnaires; intercept surveys; census; record sampling; warranty card analysis; Eveready, Sprite, and other marketing surveys; consumer expectation surveys; special projects
    • Statistics, Econometrics & Forecasting - Create forecasts, "what if" simulations and models, test hypotheses, and perform custom research
    • Class Action, Mass Actions, Mass Torts - Assess commonality, or lack thereof, using economic and statistical analysis; conduct census or surveys; design sampling for random depositions; analyze corporate records; special analysis
    View PFC's Consulting Profile.
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    Rhonda Harper, MBA
    Owner
    Serving Clients Nationwide
    Dallas TX 75214
    USA
    phone: 800-805-4096
    Rhonda-Harper-Marketing-Brand-Expert-Photo.jpg
    "I very strongly recommend Rhonda. She’s great to work with, and her work product is absolutely top-shelf." Greenberg & Traurig, LLP

    * FORTUNE 100 CMO * RESEARCH * GLOBAL AGENCY LEADER * COURT TESTED * PROFESSOR*

    CLIENTS INCLUDE: GREENBERG & TRAURIG, O'MELVANY & MYERS, KIRKLAND & ELLIS, SHACKELFORD MELTON AND MCKINLEY

    Federal and state qualified survey and testimony expert with ten years experience. Deposition and courtroom tested. More than 65 cases: Lanham Act, Misleading Advertising, Defamation, Commercial Reasonableness, and more.

    The former Chief Marketing Officer for Walmart Sam's Club, Ms. Harper's experience also includes executive positions with UPS, Nabisco, Ketchum Public Relations, Johnson & Johnson, and VF Corporation. Harper provided C-suite consulting to Fortune 500 corporations including The Home Depot, Target, Tyson Foods, HSN, IBM, and more.

    Harper also served as an adjunct Marketing Professor for American University and Fairleigh Dickinson University. She is a sought after speaker: Harvard Business School, Lilly, American Marketing Association, and more.

    Services include: Surveys, Research, Consulting, Expert Report, Rebuttal Testimony, and Testimony.

    "I worked with Rhonda Harper recently in connection with a trademark infringement matter. I am absolutely convinced that the strength of your report is a significant part of the reason that we were able to achieve a settlement that is very much in our client’s favor." Kevin O'Shea, Shareholder, Greenberg & Traurig, LLP

    http://www.rhondaharperllc.com

    View Consulting Profile.