Packaging Expert Witnesses: 6

Rob Wallace has unique expertise in Trademark, Trade Dress, Copyright, Brand Identity and Package Design Infringement. For 35+ years, Rob ran one of the nation's top Brand Identity Strategy and Package Design Resources providing global branding expertise to Fortune 500 companies in virtually all CPG categories. His clients include P&G, Nestle, Pepsico, Unilever, Kraft, Colgate, The Home Depot, Brown-Foreman, Novartis, J&J and more than 50 market leading companies. Manhattan-based, Rob has been an expert witness for important litigation involving:

• Likelihood of Consumer Confusion
• Secondary Meaning
• Brand Valuation & Dilution
• Package Graphic/Structural Design
• Product Design
• Branding Industry Best Practices
• False/ Deceptive Advertising
• Corrective Advertising
• and all brand related issues.

Rob has commissioned literally hundreds of consumer surveys and is uniquely qualified to determine the results of all research. He has worked for attorneys on both the plaintiff and defense sides of his cases. He is effective and efficient with the average project report requiring between 10 and 12 hours.

Dr. Larry Chiagouris has a rare combination serving as a senior Fortune 500 executive and as an accomplished academician. He has provided expert testimony and written opinions on damages, marketing, advertising, intellectual property issues (including the use of survey research) for plaintiffs & defendants at major national & local firms.

Experience summary:

• Experience evenly divided between plaintiff and defendant engagements over 25 cases

• Several cases include elements of intellectual property issues

• Majority of cases involve elements of consumer behavior or survey research

• Majority of cases involve elements of advertising related strategies and tactics

• Majority of cases involve elements of Internet related tactics

• Majority of cases involve written opinions and depositions

• Written and oral testimony in several Federal District Court jurisdictions

• Engaged by both large multinational law firms and small boutique firms

• Class action cases evenly divided between plaintiffs and defendants

Selected by Agency Magazine as one of 10 best and brightest researchers. He brings extensive experience as a Senior Marketing, Branding and Research Executive responsible for directing major assignments for companies such as AT&T, Campbell Soup, Kraft, Miller Brewing, Peugeot, Pfizer, Prudential and Visa.

He has a Ph.D. in Marketing, is Past Chairman, Advertising Research Foundation and Former Director of the American Marketing Association.

Randy Phares is an expert in Packaging, specializing in Corrugated, Crating, Baling, Shipping, Warehousing, Manufacturing Safety and Load Securement. He has over 30 years of progressive leadership experience in Packaging, Procurement, Shipping, Lean Manufacturing, Quality, Safety, Productivity, and Business Improvement.

Since he began his career in 1990, Mr. Phares has held almost every job in packaging operations. These include manufacturing, distribution, sales, design, safety, transportation, and running entire multinational business units for a Fortune 1000 Corporation. He has worked on projects in Asia, Jamaica, Afghanistan, Latin America, Eastern and Western Europe, USA, and Canada.

Mr. Phares has run packaging testing labs, design centers managed fleets of trucks, manufacturing machinery, and managed world class packaging manufacturing operations. He is a published international author, and speaker who was the President of the South Texas Manufacturers Association. He is a Packaging and Procurement Subject Matter Expert since 2019 saving over $10 million for SGS-Maine Pointe the #1 Supply Chain Consulting Firm according to Consulting.us and one of America’s Best Management Consulting Firms of 2022 according for Forbes Magazine.

Honors and Awards - Best Achievement of Organizational Business Improvement in Manufacturing Award presented by the Global Six-Sigma and Business Improvement Awards for an extensive plant turnaround for Temple-Inland (now International Paper). Best Performing Plant Award for 4 consecutive years out of 26 plants for Gaylord Container (now International Paper).

Litigation Support - Randy Phares is a leading Packaging and Load Securement Subject Matter Expert relied upon for his experience, knowledge, and in-depth understanding of packaging, logistics, manufacturing, distribution, freight, and intellectual property. He performs forensic analysis and testing of packaging failures, loading, unloading and distribution failures that caused damage or injury. His services include thorough reporting, depositions, consulting, and trial testimony as needed.  

Cases involve crated, palletized, banded or boxed products, or boxed products loaded in railcars, trucks, vans or parcel trucks, warehoused, transported (loaded, or unloaded), or injury using a pallet jack, forklift, or by hand.

 Areas of Expertise: 

Corrugated Packaging Folding Carton Packaging Boxes Crates Pallets Pallet Jacks Warehousing   Packaging Logistics

Packaging Distribution Manufacturing Load Securement Freight - Rail, Trucking, Air Packaging Workplace Safety Packaging Product Liability Packaging Intellectual Property Packaging Design

View Randy Phares' Consulting Profile.

Claire K. Sand, PhD, is a Global Packaging Technology  Leader with over 35 years of Food Science and Packaging experience. 

Dr. Sand is the owner and founder of Packaging Technology and Research, LLC.   She is also an Adjunct Professor at Michigan State University and CalPoly, and a monthly contributor to Packaging Digest. 

Dr. Sand's background includes working with Total Quality Marketing, Nestle, General Mills, Kraft Heinz, Safeway, and academia, as well as in basic research, development market research, and marketing in Germany, Colombia, and Thailand.

She is an IFT Fellow, a recipient of the Lifetime Achievement in Food Packaging Award , a member of numerous Editorial Boards, the author of the Packaging Value Chain, and is in several leadership positions.

Litigation Support - Dr. Claire Sand is an experienced food packaging expert witness for attorneys representing plaintiff and defendant. Claire has served as an expert witness in 18 cases since 2016, involving 8 patents, 4 food packaging and food spoilage cases, and 6 other cases.

Her cases include Food and Beverage, Packaging and Labeling, and Patent and Intellectual Property litigation and lawsuits. Dr. Sand is available to consult, construct and write expert reports, serve as expert in depositions and testify.

Areas of Expertise:

• Patent Infringement and Invalidity - including patent infringement, patent invalidity, forensics related to patents and related lawsuits, design and utility patent infringement, food packaging patents, Patent or design infringement
• Trademark, Trade Dress or Trade Secret Disputes
• Food Package Interactions - including food damage and spoilage, food packaging safety, foods and how packaging interacts with food,
• Food Package Design - including flexible film, rigid packaging - bottles, cans jars, etc., semi-rigid packaging- foam trays, Food packaging product development, Integrity of packaged goods for warehousing
• Food Package and Packaging Forensics  - including failure analysis, defective packaging
• Material Science - including paperboard, polymers and plastics
• Probable Cause in Food Packaging Contamination
• Food Package Testing
• Food Packaging FDA Regulations & GMPs
• Food Packaging Machinery / Line Operations

View Packaging Technology Consultants' Business Consulting Profile.

Retail Expert Witness Corporation celebrates over 10 years of delivering the most precise opinions for over 400 cases nationally with Jerry Birnbach, FISP, Associate AIA, the celebrated expert.

Jerry’s years of retail design for Jerry Birnbach LLC have a proven safety expert recognition and a Top 50 Retail Design Firm. A Top 40 Retail Industry Leader and retail safety expert for 40 years, Jerry has provided opinions for State and Federal court in 47 States for a majority of Slip, Trip and Fall Cases. From his early partnership with Sam Walton, Founder of Walmart - to placing the Issac Mizrahi brand into Target stores across the United States, Jerry set up each of his retail design clients up for maximum success in retails sales and retail safety. Many of his retail clients continue to thrive and maintain the highest level of retail safety culture and retail safety practice as promoted by Jerry. 

In 2012, Jerry launched a retail expert witness business to support cases involving big box retail stores, fast food restaurants, and medical centers, as well as small business retailers, restaurants, and medical practices. Jerry has serviced clients whose cases involved local municipalities, federal safety rules & regulations, building codes, and best practices in retail safety to avoid slip and trip falls. Jerry sees the not-so-obvious when forming his expert opinions and remains openly accessible to his clients’ needs in order to deliver the most efficient and impactful opinion while maximizing the validity of each requested expert witness opinion.

View Jerry Birnbach's Consulting Profile.

More than 40 years experience: defective packaging; unreasonably dangerous products; failure-to-warn; materials-handling; warehousing; cargo loading and securement; falling cargo; insurance claims for loss or damaged cargo; falling merchandise; patent infringement; trade-dress infringement. Has testified in state and federal courts and knows how to connect with a jury. Has worked for Plaintiffs and Defendants. Services: consulting; analysis; cite inspections; exemplar testing; opining; report writing; testifying. Long list of attorney references. Self-employed consultant. Former employee at Fortune 100 firms. Former university instructor. Many published articles and speaking engagements. Knows how to combine theory and practice.