Our survey research and consumer behavior team members provide consulting and expert testimony on the design, implementation, analysis, and critique of surveys—particularly for purposes related to litigation—across industries. Our expert statisticians and economists combine a deep knowledge of sampling techniques, survey administration, and the analysis of complex datasets with a firm grounding in econometric principles and practice.
Our experts frequently provide survey evidence and sampling expertise in intellectual property matters. We design and conduct surveys establishing trademark confusion, trade dress confusion, secondary meaning, genericness, dilution, and false advertising, as well as surveys used in patent disputes. We apply rigorous methods and extensive background knowledge of IP assets to address infringement, estimate damages, and provide our clients with valuations of their IP. We also assist counsel by reviewing opponents’ surveys and identifying their weaknesses and methodological flaws.
Consumer Class Actions
Our surveys can help identify how consumers choose among service or product configurations, which attributes sway purchase decisions, and whether certain names or designs have achieved meaning in the marketplace. We also design samples for use in class actions, construction defects, product liability, insurance disputes, asbestos, and other health-related claims.
We have consulted on a range of projects in environmental valuation, transport operations, and other matters related to regulated industries. We have designed and implemented surveys used for evaluating the advantages of future service offerings, valuing non-market goods, assessing consumer behavior, informing public policy, and providing evidence in regulation and merger cases.
Antitrust and Competition
We design surveys and samples used in matters ranging from unfair competition to merger cases. Our surveys and sampling work have produced evidence presented before the FTC and the European Commission in numerous matters.
Securities and Finance
Our economists use quantitative research, choice models, and other survey techniques to reach conclusions in a range of disputed issues such as market definition, claiming rates and product defects analysis in mass torts, claimed theft of trade secrets, and Lanham Act claims of alleged trademark infringement or false advertising.
Labor and Employment
We design, evaluate, and critique surveys for litigation that address numerous labor issues, including wages, overtime pay, and employee work experiences. We have presented evidence related to litigation on meal periods and rest breaks and conducted surveys to understand corporate and employee practices related to these issues.