As you evaluate consumer survey companies to bolster your litigation in Sacramento, CA, Keegan & Donato Consulting would be pleased to advise you on the best approach for your particular survey or provide you with an objective evaluation of existing survey research.
Keegan & Donato Consulting provides a complete suite of services, including consulting on litigation strategy for both plaintiff and defendant clients, consumer research studies, expert reports, testimony in trademark and trade-dress litigation, testimony at deposition and/or trial, and rebuttal of opposing parties’ surveys when applicable.
The firm designs, executes, analyzes, and presents the results of IP litigation surveys, including, but not limited to:
Our research is focused on collecting empirical data from relevant consumers through methodologically-sound, scientific, industry-accepted principles of survey research.
How Survey Flaws Could be Harmful to Your Case
Overly broad surveys that fail to address the key issues in a case, ask leading, suggestive or ambiguous questions, sample from the wrong geographic area, etc., even if based on an accepted standard methodology, may be deemed inadmissible by courts or given little weight.
For example, in Elliott v. Google, Inc., 45 F. Supp. 3d 1156 – Dist. Court, D. Arizona (2014), the plaintiff’s surveys were deemed inadmissible because the Court determined them to be unscientific and poorly constructed. The survey expert was also rejected as unqualified “to design a survey or to interpret survey results.”
In Water Pik, Inc. v. Med-Systems, Inc., 726 F.3d 1142, 1144-50 (10th Cir. 2013), there is a lengthy discussion about the Court’s conclusion that survey evidence submitted by the defendant, “had too many methodological flaws to be of any probative value.”
Hiring qualified survey experts, such as Keegan & Donato Consulting, will have a significant impact on whether the court deems your survey results admissible. We consider methodological design among the most important aspects of designing a consumer research study. We have conducted and critiqued hundreds of studies across industries ranging from designer apparel to high-end audio products and everything in between.
Our Survey Methodology
Keegan & Donato Consulting follows established principles of consumer survey research beginning with a rigorous and valid survey design that explores the relevant issues in the case. Some of the industry best practices we have built into our survey designs include:
- Appropriate universe selection and sampling frame;
- Representative, qualified respondents;
- Use of procedures to minimize potential biases in data collection;
- Use of objective, non-leading questions;
- Use of procedures to reduce guessing among respondents; and
- Full analysis and reporting of survey data.
We are also skilled at identifying survey flaws and weaknesses that may not be apparent to an untrained eye. If you are confronted with potentially flawed surveys submitted by opposing experts, we can assist you in rebutting the credibility of their work in the context of your litigation.
Methodologically sound consumer research studies and expert testimony from Keegan & Donato Consulting will meet the courts’ standards and can serve as powerful evidence in your case.
If you are litigating a case in Sacramento, CA, and need a consumer survey, consider companies like Keegan & Donato Consulting that have the training and expertise to design and execute them properly. Get in touch with us today at (914) 967-9421 to learn more about our wide range of services.