Survey Research, Design, and Analysis

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
Name Title Location Phone Email
Sarah Butler Managing Director San Francisco +1 415 291 1022
Dr. Christian Dippon Managing Director
Chair of NERA's Global Energy, Environment, Communications & Infrastructure Practice
Washington, DC
New York City
+1 202 466 9270
+1 212 345 1732
Richard J. Eichmann Managing Director San Francisco
Los Angeles
+1 415 291 1033
+1 213 346 3009
Tomas Haug Managing Director Berlin
+49 30 700 1506 10
+32 2 282 4340
Dr. Richard Hern Managing Director London
+44 20 7659 8582
+49 30 700 1506 01
Dr. Fabrizio Hernández Managing Director Madrid
+34 91 521 00 20
+39 02 30577800
Dr. Jeff D. Makholm Managing Director Boston +1 617 927 4540
Dr. Denise Neumann Martin Managing Director Miami +1 305 808 7880
Dr. Christine Siegwarth Meyer Managing Director
Chair of NERA's Intellectual Property Practice
White Plains, NY +1 914 448 4119
Dr. Lauren Stiroh Managing Director White Plains, NY +1 914 448 4143
Richard Druce Director London +44 20 7659 8540
Daniel Hanson Director London +44 (0)207 659 8812
Mary Elizabeth C. Stern Director White Plains, NY +1 914 448 4054
Dr. Jackie Chorn Associate Director Houston +1 713 276 8236
Dr. Garrett Glasgow Associate Director San Francisco +1 415 291 1029
Dominik Hübler Associate Director Berlin
+49 30 700 1506 20
+44 20 7659 8504
Dr. Samantha Iyengar Associate Director New York City (212) 345-3788
Dr. Naoya Kaneko Associate Director Tokyo +81 3 6871 7043
Timothy McKenna Associate Director New York City +1 212 345 5503
Dr. Melissa Pittaoulis Associate Director Philadelphia +1 215 864 3879
Healey Whitsett Associate Director Washington, DC +1 202 466 9202
Dr. Stephanie Child Senior Consultant San Francisco +1 415 291 1070
Dr. Elizabeth M. Bailey Affiliated Academic San Francisco +1 415 291 1041
Dr. Eugene Ericksen Affiliated Academic Philadelphia +1 215 864 3878
Jonathan Falk Affiliated Consultant New York City +1 212 345 5315
Mike King Affiliated Consultant Denver
San Francisco
Washington, DC
+1 303 357 4781
+1 303 618 4915
+1 303 618 4915
Eugene Meehan Affiliated Consultant Washington, DC +1 202 466 9287
Dr. Michael Rosenzweig Affiliated Consultant Washington, DC +1 202 466 9231
Dr. Kent Van Liere Affiliated Consultant San Francisco +1 415 291 1000
Title Type Author
A Tale of Two Cups: Acquired Distinctiveness and Survey Evidence Before the TTAB Published Article Sarah Butler and Healey Whitsett
Survey Response Bias and the ‘Privacy Paradox’ Published Article Sarah Butler, Dr. Garrett Glasgow, and Dr. Samantha Iyengar
Snapshot of Recent Trends in Asbestos Litigation: 2018 Update White Paper Mary Elizabeth C. Stern and Lucy P. Allen
The Value of Non-Personally Identifiable Information to Consumers of Online Services:... Published Article By Dr. Garrett Glasgow and Sarah Butler
Damages Based On The Intrinsic Value Of Privacy? Published Article By Dr. Garrett Glasgow and Sarah Butler
Pharmacy Practice: A Report on Pharmacists' Use of Printed Package Inserts Report Dr. Sarah Butler
Control Groups in Lanham Act Surveys Published Article By Dr. Eugene Ericksen and Dr. Melissa Pittaoulis
The Value of Personal Information to Consumers of Online Services: Evidence from a Di... Study By Sarah Butler and Dr. Garrett Glasgow
Understanding 'Frequent Survey Responders' on Online Panels Working Paper By Healey C. Whitsett
Lost Without a Map: A Survey about Students' Experiences Navigating the Financial Aid... Report By Healey C. Whitsett with Rory O'Sullivan on behalf of Young Invincibles