Surveys are used as evidence in a wide range of litigation. NERA's Survey Research, Design, and Analysis group provides consulting and expert testimony on design, implementation, and analysis of surveys to address issues in antitrust, communications, health care, intellectual property, labor disputes, mass torts, product liability, and water issues. Our survey methodologists design original surveys and critique those performed by others. Our experts have designed and conducted surveys using all modes of survey data collection (e.g., telephone, internet, intercept, self-administered, etc.), as well as qualitative in-depth interviews and focus groups for litigation. Surveys have been conducted with samples from consumers, businesses, and employees.
NERA's survey data have been used as evidence in proving liability and damages in trademark, tradedress, dilution and false advertising disputes, misrepresentations and omissions, merger cases, and labor cases, as well as class certification hearings. In non-litigation settings, our survey conclusions have helped clients plan product strategy and technology requirements, and estimate the value of nonmarket goods. Our expertise in surveys include:
- Identifying the relevant population and developing the most efficient and accurate way to sample the target population, including developing the appropriate sample frame (list) and sample size
- Developing and pretesting the survey questions -- including the use of in-depth interviewing, cognitive interviewing, focus groups, and formal quantitative testing as needed
- Evaluating and developing complex question strategies such as: hypothetical choice questions, willingness to pay questions, and conjoint and ordered logit analysis
- Determining the appropriate methodology for implementing the survey. Commonly used methodologies include telephone surveys, Internet surveys, mall-intercept surveys, and self-administered surveys
- Evaluating the methodologies of surveys and market research submitted by others as evidence
