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Asked and Answered: The Use of Surveys in Litigation

Los Angeles, California
18 September 2007
Hosted By: NERA Economic Consulting

NERA presented another in an occasional series of dinner seminars on timely topics in economics and law. On 18 September 2007 in Los Angeles, NERA Senior Vice President Dr. Kent Van Liere and Vice President Sarah Butler and Dominic Surprenant of Quinn Emanuel Urquhart Oliver & Hedges, LLP discussed from an economic and legal perspective the use of surveys in litigation. Surveys are an important tool for establishing liability and calculating damages in a wide range of cases, including product liability, intellectual property, and antitrust. This seminar examined how to establish the admissibility and weight of surveys and sampling in litigation; how to defend against opposing party surveys; recent case studies, including handset locking class actions, consumer product trademarks, construction defects, and recent mergers (e.g., FTC v Whole Foods); and emerging concerns such as trademark issues on the web, use of internet surveys, and surveys in antitrust market definition. The discussion was moderated by NERA Senior Vice President Dr. Alan Cox.

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