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:
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.
Drew N. Kelner, PhD, is a classically trained Biochemist with 30 years of experience in the Biopharmaceutical Industry as both a hands-on scientist and scientific leader in process, analytical, and formulation development, product commercialization, and product quality assessment.
During his long tenures at Bayer and Amgen, Dr. Kelner had the privilege of participating in the development, registration and/or lifecycle management of 15 biological drugs (9 BLAs), including Epogen, Neupogen, Aranesp, Neulasta, Prolia, Kogenate (Factor VIII), and Vectibix. He has deep experience in the development of biologicals for oncology and immune disorders, including Imlygic, the first licensed oncolytic virus for melanoma, and Blincyto, the first licensed immunotherapy (for leukemia) using a bifunctional ("BITE") antibody. His experience covers all aspects of biopharmaceutical product development, with proven expertise in the commercialization of manufacturing and quality operations for biopharmaceuticals, as well as extensive experience with global regulatory filings at all stages of the product lifecycle. Dr. Kelner’s development and commercialization experience cover both innovator (including first-in-class) therapeutics as well as multiple biosimilars.
Litigation Support - As President of Colorado Biotechnology Consultants, Dr. Kelner has experience as an expert consultant for Biopharmaceutical Patent Infringement and Trade Secrets litigation. He has written multiple declarations (U.S.) and Affidavits (Canada), largely around issues related to biosimilar patent infringement, leveraging his vast knowledge of the scientific literature and experience as a process development leader in both establishing intellectual property while designing ways around existing patents to enable unencumbered process and product development (where feasible).
Areas of Expertise: Dr. Kelner's scientific expertise covers all aspects of bioprocess development and commercialization, including extensive expertise in regulatory filings on a global basis. His areas of expert knowledge include Protein Biochemistry, Cell Biology, Immunology, and Protein Pharmacokinetics.
Ideal Client Engagement:
Eric Forister, PhD, is an expert Economist with testifying experience on market definition, market power, and damages. His expertise includes applying advanced statistical techniques to datasets, synthesizing information from documents, and designing and evaluating surveys. A Senior Economist at Econ One, he focuses on relevant questions to tackle complex issues with an efficient and effective style of communication. Dr. Forister also has extensive experience consulting on issues including royalty rates, irreparable harm, sampling, survey design, common impact, and materiality.
Ideal Client Engagement: For litigation-related matters, an ideal engagement would be providing an opinion on economics, damages, market power, or market definition; or providing pre-litigation advice on the economics of potential claims, or the merits of a survey. For non-litigation matters, an ideal engagement would be helping to explain the economics of different business models or consulting to those considering buying or starting an optometry office.
Experience: Dr. Forister has acted in a support/consulting role on over 100 matters. His support work has been a mix of plaintiff and defense work. Dr. Forister has designed and evaluated surveys for IP and marketing cases and worked on a wide range of other matters, including:
Episode #11- A look at how to work with an expert using regression analysis.
Scott Hampton is a Certified Public Accountant and ABV valuation expert with over 30 years of accounting and forensic consulting experience. He has given trial and deposition testimony regarding intellectual property damages on more than 100 occasions in Arizona, California, Colorado, Connecticut, Delaware, Florida, Georgia, Illinois, Indiana, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, New York, North Carolina, Oregon, Pennsylvania, Texas, Utah, Virginia, Washington, Washington D.C., and Wyoming.
Scott began working in the field in 1986 and has been engaged as an expert witness in more than 300 intellectual property cases in states across the country. In over 30 years of consulting, Scott Hampton has developed a reputation as one of the leading experts on intellectual property valuation and expert testimony in cases involving related claims. Mr. Hampton frequently provides expert testimony on economic damages arising from patent, copyright, trademark, and trade dress infringement; trade secret misappropriation; breach of contract; tortious interference; fraud; false advertising; unfair competition; cybersquatting; and unjust enrichment among others.
During his career Mr. Hampton has been retained by distinguished law firms including Baker & McKenzie, Latham & Watkins, Perkins Coie, Blank Rome, Reed Smith, Nixon & Vanderhye, Knobbe Martens, Sidley Austin, K&L Gates, Shook Hardy, Arent Fox, Dorsey & Whitney, Snell & Wilmer, McGuire Woods, McDermott Will & Emery, and many other outstanding firms.
Forensic & Investigative Services
We have the expertise to establish the impact of
Scott D. Hampton is a CPA, ABV, CFF, and the founder of Hampton IP. He has over 30 years of forensic accounting experience valuing economic intellectual property damages due to patent, trademark, copyright, and trade dress infringement; misappropriation of trade secrets; breach of contract; tortious interference; fraud; false advertising; unfair competition; cybersquatting; and unjust enrichment among others.
Retained by 95+ Law Firms Since 2005
"I very strongly recommend Rhonda. She’s great to work with, and her work product is absolutely top-shelf." Greenberg & Traurig, LLP
Expert witness Rhonda Harper MBA has provided expert marketing testimony in cases involving: advertising, branding, promotion, consumer perceptions and behavior, innovation, product development and product launches, market analysis, market research, share and size, marketing effectiveness, corporate and marketing strategy, media relations, public relations, communications, and packaging.
Rhonda Harper is a former Fortune 100 C-Suite Marketing Executive responsible for marketing, branding, consumer research and insights, strategy, licensing, in-store merchandising and advertising. In addition, she is a former GM / SVP of the third largest public relations firm globally, Ketchum, where she led offices covering the southern half of the United States.
Harper has a focus on Trademark and Trade Dress Infringement, Misleading and Deceptive Advertising, Licensing, and Commercial Reasonableness cases. She has conducted 50+ intellectual property Lanham Act surveys, produced 75+ reports, been deposed 50+ times, and served in 20+ trials and arbitrations.
Nevium’s experts are trial-tested IP custom & practice damages experts who take a hands-on approach with all their IP litigation assignments. Whether you are in need of an expert to calculate economic damages as lost profits / unjust enrichment, give an opinion on specific business clauses in a license agreement or to leverage Internet and Social Media analytics to prove or disapprove infringement, Nevium has the experience and expertise.
Litigation Support:Nevium works closely with C-Level executives, in-house and outside counsel to implement the best possible business strategy that intertwines with the legal strategy. Nevium is part of the team early on in the litigation process assisting with discovery requests and deposition questions. Nevium’s experience and expertise allows the managing attorney to focus on the legal issues knowing that Nevium is proactively taking care of the business side of the case. As experienced Intellectual Property Consultants, they have real-word, hands on IP management, monetization and valuation experience that plays out well in front of a judge and jury. Nevium professionals provide IP expert witness testimony related to economic damages in a range of lost profits, unjust enrichment, relief from royalty, reasonable royalty, relief from pay per click, corrective advertising and IP valuation. They author reports and provide testimony for federal and state court claims, arbitration, and mediation related to false endorsement, defamation, infringement and unfair competition.
Areas of Analyses Expertise
Past Law Firm Clients
Doug Bania, CLP, Founding Principal, has over a twelve years of expertise in managing, valuing and monetizing intellectual property and intangible assets. Mr. Bania has been a named expert in over thirty (30) cases, has been deposed seven (7) times and has testified at trial four (4) times. Mr. Bania was recently called upon to testify in the Pharrell Williams, et al. v. Bridgeport Music, Inc., et al., case as the Plaintiffs’ and Counter-Defendants’ Copyright Apportionment Expert testifying in the area of Damages and Apportionment. Mr. Bania’s industry experience ranges from apparel to automotive and publishing to music. Prior to founding Nevium, Doug Bania managed 100s of projects related to brands, intellectual property and the related intangible assets. He has assisted clients in intellectual property matters related to acquisitions, litigation, bankruptcy, tax, estate, family and marital disputes, and licensing.
Brian Buss, CFA, Founding Principal, is a Chartered Financial Analyst with over two decades of experience providing intellectual property and business valuation, expert testimony and transaction advisory. Mr. Buss provide solutions for IP owners, attorneys and licensees both in the United States and overseas. He has a bachelor’s degree in Biology and Economics from Claremont McKenna College and completed the Executive MBA program at San Diego State University. An expert in valuation and economic damages calculations, Mr. Buss has valued copyrights, brands, patents and business interests across a wide range of industries from apparel companies to airports and from technology start-ups to global consumer products companies. Often engaged to analyze unique and proprietary assets and their economic impact and contribution to financial results, he works closely with clients and counsel to develop thorough yet clear and understandable analyses.
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Sidney Blum, CPA, CFE, CPEA, CFF has over 30 years of professional experience in the areas of Forensic Accounting, Intellectual Property Economic Damages, Royalty Audits, and General Economic Damages. Leading contract terms and licensing expert. 2017 California CPA of the Year & 2012 Certified Fraud Examiner of the Year.
Background - A financial damages expert witness with particular strength in patents, trademarks, copyrights, DMCA, toys, entertainment, oil & gas, malpractice, breach of contract, and consumer products. He served as Chief Audit Officer at Beats Electronics, nine years as an accounting firm Partner including five as a Big 4 Partner, and staff experience with Fortune 50 companies Occidental Petroleum, Unocal, and the Walt Disney Company where he was a member of the internal audit departments. While with Ernst & Young, he led fraud and forensic investigations nationally for their internal audit practice. Vice Chair (2016-2017) Board of Regents of the 80,000 member Association of Certified Fraud Examiners. Lead more than 1,500 financial investigations.
Litigation Support - As a Financial and Economic Damages expert witness, Mr. Blum has worked on matters from simple to several billion dollars complex litigations. He has testified on more than 40 occasions, equally for plaintiffs and defendants, in a wide variety of State, Federal, and USITC matters. Mr. Blum is a Certified Fraud Examiner, Certified Professional Environmental Auditor, and Certified in Financial Forensics by the AICPA.
Areas of Expertise: