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 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.
Survey research is used to provide greater levels of understanding in a wide variety of disputes. Issues such as consumer confusion, misleading advertising claims, disparagement, copyright infringement and trademark disputes can be better assessed as a result of developing and executing survey research. The purpose of this monograph is to aid attorneys in understanding what research standards and guidelines might be relied upon in their use of survey research.
David H. Williams is an internationally-known expert in the Wireless / Mobile Location field and President and Founder of E911-LBS Consulting.
Litigation Support - Mr. Williams provides the highest quality and most impactful expert witness services related to wireless location, across the full range of IP / Patent, criminal, and civil case dimensions from the most technical to those regarding business methods. His services include forensic analysis, reports, and testimony on the validity and accuracy of various types of cell phone/sensor location surveillance devices and associated tracking using GPS, Call Detail Records(CDRs), Cellebrite data extraction, and other location data sources. He is an expert in determining how social media and other mobile application usage can play a key part in various cases.
Mr. Williams has successfully provided expert witness services in over 100 patent, civil, criminal, anti-trust, and ITC cases, including several successful Inter Parte Reexaminations (IPRs) and numerous civil, criminal, and law enforcement administrative proceedings. His credentials in wireless location prior art go as far back as the early 1980s. He has been deposed 8 times and testified in arbitration proceedings and the Eastern District of Texas, winning both IPR and infringement cases. His work with both prosecution and defendants have resulted in numerous key wins/favorable outcomes. His experience is differentiated based not only the amount of experience but its type, having worked "on-the-inside" of various carriers and location-service application developers. This enables knowing the right questions to ask of such providers, and to "break through the wall" that such providers often put up in litigation.
The basis of Mr. Williams' expertise is his 30+ years in mobile/wireless communications and information technology solutions design, implementation and ongoing management, Mr. Williams has extensive experience in the activities and issues needed to get mobile location applications to market, including design at the application, system, interface / integration, network, IT, operational and customer facing levels. Mr. Williams has extensive expertise in all aspects of LBS delivery across the mobile location ecosystem including enabling network communications, location technologies / sensors, map data, geospatial platform / GIS, GPS and other location chipsets, location data management, and device, infrastructure, and integration providers. David Williams has developed and implemented industry-leading product and technology strategies and solutions for numerous LBS applications and markets and provides consulting and research services to some of the leading carriers and enterprises in the U.S., Asia, and Europe. His client list includes Apple, AT&T, FedEx, GE, GM, Google, The Houston Police Department, The Los Angeles District Attorney's Office, Samsung, Sprint, Toyota, Verizon Wireless, and numerous medium, small, and startup companies, plus numerous law firms of all sizes. He also provides support to various State Public Defenders Offices on a partial pro-bono basis.
Areas of Expertise:
Mobile Location-Based Services
Wireless 911 (E911); NG911
GPS Systems; Network-Based Location Determination Systems
Indoor Location Systems, incl. Real Time Location Systems (RTLS); RFID and other RF-based Location systems; WiFi-enabled positioning systems (WPS); Beacon-based systems; Hybrids/Combinations
Wireless Network Location Design
Location Data Privacy Protection and Data Security Design
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.
Publicity Rights Damages
Internet and Social Media Damages
Areas of Analyses Expertise
Relief from Royalty
Relief from Pay Per Click
Past Law Firm Clients
Akin Gump Strauss Hauer & Feld
Gordon & Rees
Higgs Fletcher & Mack
Latham & Watkins
Pillsbury Winthrop Shaw Pittman
Dorsey & Whitney
Winston & Strawn
Doug Bania, CLP, Founding Principal Doug Bania is a founding principal of Nevium Intellectual Property Consultants. Nevium is an intellectual property consulting firm specializing in developing IP strategies, IP valuation and monetization of IP as well as providing expert testimony related to IP damages and licensing customs and practices.
Mr. Bania has been the named expert for over 75 cases, deposed 20 times and has provided trial testimony 5 times.
Mr. Bania is a Certified Licensing Professional (CLP), a Google Analytics Certified Individual (GAIQ) and is a past committee member (2016 - 2019) for the International Trademark Association (INTA) Internet Committee and the ICANN Compliance and Domain Name Industry Subcommittee, a current member of the INTA Right of Publicity Committee and the American Bar Association (ABA), Copyright & Social Media Committee.
Mr. Bania specializes in analyses for copyright, trade dress, trade secrets and trademark infringement, publicity rights, social media and Internet infringement, defamation, marketing strategy analyses, royalty rate determinations and other intangible assets. Mr. Bania also provides valuation and monetization strategies for trademarks, trade secrets, publicity rights, domain names, Internet and social media assets, brands, copyrights and other intangible assets for financial reporting, bankruptcy and transactional due diligence.
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.
San Diego Office 415 Laurel Street, Suite 341 San Diego, CA 92101 Telephone: 858-255-4361 Email: firstname.lastname@example.org
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Based on our knowledge of and ability to analyze and value businesses, valuation professionals are uniquely positioned to provide valuable information to business owners and managers regarding the financial value of their brand assets. In other words, how a company's brand assets are contributing to the company's overall financial performance. This "Special Issue" of The Value Examiner is intended to kick-start the discussion on brand valuation by identifying the opportunities and challenges in completing brand valuation assignments for our clients.
Use of the Internet and social media has become an increasingly essential element of conducting business in the United States and globally, which in turn raises new issues for calculating damages and performing valuations. With almost every business now using the Internet and social media to conduct business, cases of Internet IP infringement, IP misuse, and defamation have increased and evolved. Before the rise of these new media, cases of infringement and defamation typically occurred in print or on television and were visually obvious.
Most of the existing literature on copyright infringement is concerned with the valuation of intellectual property rather than the apportionment of the value that is directly attributable to the intellectual property asset at issue. Further, few of the currently proposed IP valuation methods and little of the literature addressing the determination of damages appears directly applicable to the case of copyright in the context of artistic productions. Within the creative arts, recorded music offers a particularly complex and interesting case within which to explore this issue, as different portions of the relevant copyright to the recorded song may be held by different persons.
Shannon M. Wilkinson, CEO of Reputation Communications, is a nationally recognized expert in Online Reputation Management. Her New York City-based firm advises clients on all aspects of reputation management. As a commentator for The Wall Street Journal, her analysis of how leading corporations are managing their crises have focused on Equifax, NBC, Ohio State University, Purdue Pharma, Sanofi, UBER, and others. She has been quoted in Consumer Reports, Huffington Post, USA Today and the NBC Today Show.
Founded in 2009, Reputation Communications was one of the first companies to specialize in online reputation management. It is the only online reputation management firm to specialize in the needs of influencers: individuals with newsworthy or industry-wide impact in business, politics, or social issues. Ms. Wilkinson’s thought-leadership has attracted interviews with many media outlets on issues relating to reputation management, celebrity and corporation scandals, and other crises.
Ms. Wilkinson leads a team of U.S.-based content creators, digital designers, IT and SEO specialists and social media managers to perform client work. Reputation Communications partners with Carrie Chatterson Studio to develop optimized, SEO-rich personal branding campaigns. Ms. Wilkinson has resolved reputation issues for Forbes 400 philanthropists, Fortune 500 leaders, Investment, FinTech & financial services firms, Silicon Valley tech founders and others.
Litigation Support: Shannon Wilkinson serves as an expert witness for legal cases related to Reputation Issues. She offers services to attorneys representing plaintiff and defendant which include thorough investigation, deposition, and trial testimony as needed.
If so, you have a reputation on the Internet whether you want to or not. If you are not actively managing it, you aren’t in control of it, leaving others the opportunity to control it for you—with potentially dangerous results. You are also missing out on a wealth of resources to better represent yourself online. In this succinct insider’s guide, Reputation Communications CEO, Shannon Wilkinson enlightens you on what you need to know…and do.
Consumer Behavior Branding Digital Marketing Expert Witness Brent Coker
Brent Coker, PhD, is an Online Consumer Psychologist. With a PhD in Electronic Commerce (“Predicting Internet Purchase Intention”), Dr. Coker's research focusses on consumer behavior within the realm of psychology, digital business models, and marketing. He currently teaches Digital Marketing and Digital Business Models at the University of Melbourne.
Dr Coker prepares scientific reports pertaining to consumer behavior, branding, and Digital Marketing and technology related topics, based on scientific findings published in academic peer reviewed journals, and other third party relevant research. Any opinions expressed by Dr Coker are supported by peer reviewed academic research, established academic theory, industry standards, and other relevant logical evidence.
Dr. Coker’s award winning research into digital marketing and consumer behavior has been published in top peer reviewed academic journals, beginning in 2004 when his research into the integration of the internet into business models won Best Paper Award at the 15th Australasian Conference on Information Systems (ACIS). In the late 1990s, Dr. Coker had a dot-com (fernland.com), and he is currently director of Deloosh Pty Ltd.., inventor of the web analytics tool Webreep., and author of the book Going Viral.
Dr. Coker is available for expert witness work, consultation, and advisement in Australia and internationally.
One common disgruntlement brands have against other brands is similarity. In the courts, brands argue that another brand is too similar, and that this causes confusion whereby consumers may believe there is an affiliation between the brands.
I was recently invited to provide informal pro-bono advice to a law firm organizing a class action lawsuit against JUUL – a supplier of vaping products. Part of their argument was the idea that JUUL were engaged in unlawful viral marketing – inciting peer pressure by using advanced marketing techniques.
Everyone wants their voice to be heard above the noise of other brands. But how do you get your messages to spread far and wide? Packed full of practical techniques, expert research and real-life examples, you’ll quickly uncover the nine secrets of irresistible marketing that will work whatever the size of your company. Discover the science behind the world’s most viral ideas, learn how to create messages that people can’t resist sharing and effortlessly build your brand.