Survey Design & Sampling Expert Witnesses

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.

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:

• Antitrust - price fixing, exclusionary conduct, monopsony, unfair competition, Robinson-Patman
• Intellectual Property - SEP, FRAND, patents, trademark, irreparable harm
• Marketing - false advertising, product labeling
• General Damages - breach of contract, bankruptcy

Education/Training:

• PhD in Business Administration (Field: Economics), Stanford Graduate School of Business
• BS in Mathematics / Economics, University of California at Los Angeles, magna cum laude

View Dr. Forister's Consulting Profile.

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. 

For more information visit our website at www.ExpertWitnessPsychology.com

View Consulting Profile.

Retained by 100+ Law Firms | Expertise You Need + Experience You Want

"I very strongly recommend Rhonda. She’s great to work with, and her work product is absolutely top-shelf." Greenberg & Traurig, LLP 

Trademark and Trade Dress Infringement | Surveys | Misleading and Deceptive Advertising | Licensing | Commercial Reasonableness | Merchandising

Ms. Harper has provided litigation consultation and expert witness services since 2005. On behalf of Plaintiffs and Defendants (60%/40% respectively), more than 100 law firms have engaged her to provide 65+ surveys, 80+ reports, 30+ rebuttals, 45+ depositions, and testify in 20+ trials.

Ms. Harper has provided courtroom testimony in cases involving Trademark Infringement, Trade Dress Infringement, Patent Infringement, Misleading and False Advertising, Licensing, Defamation, Commercial Reasonableness, Breach of Contract / Performance, and Personal Injury.

Ms. Harper has extensive experience and a deep understanding of survey design, sampling, question construction, data analysis, and methodological pitfalls that introduce bias or systematic error.

Headquartered in Dallas, TX, Ms. Harper has provided litigation consulting and research services in virtually every Circuit as well as JAMS and TTAB.

Professional Experience

CMO and VP Marketing, Walmart Sam's Club

CMO and VP Marketing, VF Corporation VFI

SVP and GM, Ketchum Communications

Global Director, Marketing Communications, UPS

Marketing Promotion Director, Nabisco Biscuit Division

Professional Affiliations

Board of Directors, Speaker, Brand Activation Association

Board of Directors, Speaker, Insights Association

Member, International Trademark Association

Member, Data and Marketing Association

Member, Speaker, American Marketing Association

Member, Speaker, Institute of International Research

Member, American Association for Public Opinion Research

Member, Speaker, PR Society of America

Dr. Thomas Maronick has provided both plaintiff and defense litigators with marketing and consumer expertise for over 25 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 75 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
• Trademark/Tradedress

Jeffrey S. Kane, PhD, is an Organizational Psychologist (Ph.D., The University of Michigan, M.A. University of Minnesota) with extensive education and experience in the use of statistical methods, data analytic computer programming, and the design of research and evaluation projects. 

Dr. Kane has conducted the design and/or statistical analysis for hundreds of research studies worldwide in fields ranging from psychology, human resource management, medical science, biology, engineering, operations research, linguistics, finance, and economics. Many of these studies have been published in major journals, accepted as dissertations, or implemented to improve the operations of businesses. He has furnished industrial/organizational psychology consulting services to numerous public and private sector organizations in the areas of performance appraisal & management, employment selection, compensation, and employee surveys. 

Litigation Support: Since 2006, Dr. Kane has been providing statistical analysis, research design, mathematical modeling, management science, and litigation support/expert witness services to clients worldwide through his firm, Professional Statistical Services. Dr. Kane has served as an expert witness in legal cases in which he was called upon to provide extensive statistical analysis and expert testimony related to:

 Employment Discrimination - Wrongful Termination - Wage & Hour Law - Staffing Issues (including alleged  overbilling of gov't agencies) - Compensation - Pay Systems

Ideal Client Engagement: An extremely creative problem-solver, Dr. Kane's clients have included corporations, public sector organizations, plaintiffs, or defendants in legal cases involving issues amenable to statistical analysis or relevant to his expertise in the fields of Human Resources Management, industrial/organizational psychology, and psychometrics.

View Dr. Kane's Consulting Profile.

Salt Hill Statistical Consulting Alan Salzberg is Senior Statistician and Principal of Salt Hill. Dr. Salzberg's focus is statistical analysis, sampling, estimation, and modeling, especially using large or complex datasets. Many of Dr. Salzberg's consulting projects relate to the detection and measurement of bias or fraud. Dr. Salzberg has testified as an expert witness in statistics in multiple venues. Prior to joining Salt Hill, Alan was CEO at Analysis & Inference. He has also held positions at KPMG (in its Economic Consulting group) and at Morgan Stanley. Dr. Salzberg holds a Ph.D. in Statistics from the Wharton School of the University of Pennsylvania, where he also received a Bachelor of Science in Economics. For musings on everyday probability, see Dr. Salzberg's blog: "What are the chances?"