Mark Keegan | Consumer Survey Expert Witness

• Received his law degree from Brooklyn Law School (1995)
• Licensed to practice in New York and Connecticut
• Received a Bachelor of Arts in history at Pace University

Mr. Keegan received his law degree from Brooklyn Law School (1995) and is licensed to practice in New York and Connecticut. His undergraduate work was completed at Pace University where he received a Bachelor of Arts in history.

Mr. Keegan is also a graduate of the University of Georgia’s Principles of Market Research Program, a professional certification program for marketing industry professionals covering all aspects of the survey research process.

Firm Overview

I have nearly 25 years of experience conducting consumer research. Over the course of my career, I have personally conducted over 1,000 consumer surveys, reaching more than 250,000 consumers. Many of these surveys have been admitted into evidence in federal courts, state courts, at arbitrations, and presented to the Trademark Trial and Appeal Board, the National Advertising Division of the Council of Better Business Bureaus, and the United States International Trade Commission. I have also often served as a rebuttal expert witness. In the last four years, I have been regularly deposed and testified at trial in conjunction with my involvement in litigation matters. My survey evidence and testimony have been relied upon by tribunals in reaching their decisions. Key study methodologies that I regularly design, execute, and opine on include likelihood of confusion (Eveready and Squirt designs), secondary meaning/acquired distinctiveness, genericness (Teflon design), fame, false advertising, consumer perception/understanding, and other bespoke designs addressing Lanham Act and false advertising issues. 

I am a principal at Keegan & Donato Consulting, a consulting firm serving litigators and their clients. Our areas of expertise include consumer survey research, marketing analysis, intellectual property, forensic economic analysis, and related disciplines. Our firm designs and executes methodologically sound consumer survey research studies, conducts objective evaluation of existing survey research, and collaborates on a wide range of marketing and complex commercial litigation issues. We are also regularly engaged by clients for non-litigation consulting assignments related to marketing research and strategy. 

I am a graduate of the University of Georgia’s Principles of Market Research Program. This comprehensive course of study, developed in concert with the Market Research Institute International (MRII), is a post-graduate program for marketing industry professionals covering all aspects of the market research process. Coursework is based on the MRII’s Market Research Core Body of Knowledge (MRCBOK), a compilation of the underlying principles and essential skills that comprise the market research process. Certification is conferred only upon participants who demonstrate mastery of concepts presented in 284 detailed module studies across 13 core areas of market research, as determined via rigorous proctored examinations. The University of Georgia’s Principles of Market Research Program is endorsed by all major market research and insights industry associations, including ESOMAR and the Insights Association.

I am a member of the American Marketing Association (AMA), the preeminent professional association for marketing practitioners and scholars. From the AMA, I have earned the designation of Professional Certified Marketer (PCM). The AMA confers the PCM certification upon individuals who have demonstrated a mastery of comprehensive and core marketing knowledge and principles. PCM certification requires rigorous testing, ongoing professional development, and a commitment to upholding the highest standards in the marketing field. The AMA only accepts into the PCM certification program applicants with demonstrated professional experience in the field of marketing. 

My educational background includes a Juris Doctorate degree from Brooklyn Law School and a Bachelor of Arts degree in History from Pace University. I have completed coursework in the Master of Business Administration program at the Lubin School of Business at Pace University and in Harvard University’s Corporate Finance Certificate program. I have also served as a Registered Representative, National Association of Securities Dealers (Series 7, expired).

Keegan & Donato Consulting is a member of ESOMAR, the leading global association for market, social, and opinion research, the American Association for Public Opinion Research (AAPOR), a professional organization of more than 2,000 public opinion and survey research professionals in the United States and from around the world, the International Trademark Association (INTA), and the Association for Consumer Research (ACR). I have published in an ESOMAR compendium on the benefits of methodologically sound marketing research. I was a featured speaker on survey methodology and practice at the 2026 Arizona State Bar’s CLE in the Garden conference. I have taught CLE-accredited courses on survey research for litigation at the Florida Bar’s Annual IP Symposium and have addressed the Pennsylvania Bar Association’s Intellectual Property Law group with a presentation on the building blocks of survey research for litigation, consumer research best practices, and current trends in the industry. In February 2024, I served as a panelist at the Art & Fashion Law Conference hosted by the Intellectual Property Law Section of the Federal Bar Association, where I presented on branding, marketing, and intellectual property issues salient to the fashion industry. I have guest lectured on survey design and intellectual property issues at Cardozo School of Law in New York and UC Irvine School of Law in California.

Mark Keegan Bio

Mark Keegan – Professional Experience

Mark Keegan brings a wide breadth of experience to Keegan & Donato Consulting, having spent decades formulating case strategies in complex litigation. As a founding partner of Keegan & Donato Consulting, Mr. Keegan has actively consulted on a variety of litigation issues ranging from consumer research for Lanham Act claims to complex marketing strategy and analysis, to intellectual property research and analysis. 

Mr. Keegan has over 25 years of experience conducting consumer survey research. Over the course of his career, he has personally conducted over 1,000 consumer surveys reaching more than 250,000 consumers. Many of these surveys have been admitted into evidence in federal courts, state courts, at arbitration, to the Trademark Trial and Appeal Board (TTAB), the National Advertising Division of the Council of Better Business Bureaus, and the United States International Trade Commission. He also has extensive experience as a rebuttal witness.

Mr. Keegan maintains a number of professional certifications and memberships that are directly related to his work as an expert in marketing and consumer research. He is a graduate of the University of Georgia’s Principles of Market Research Program, a professional certification program for marketing industry professionals covering all aspects of the survey research process. He is also a Professional Certified Marketer (PCM), an American Marketing Association certification conferred upon individuals who have demonstrated a mastery of comprehensive and core marketing knowledge and principles. Mr. Keegan is an active member of numerous professional organizations including ESOMAR (World Association of Opinion and Marketing Research Professionals), the International Trademark Association (INTA), the American Marketing Association (AMA), and others.

Mr. Keegan has published within his field, has taught CLE-accredited courses on survey research for litigation, and has appeared as a guest lecturer and panelist in both classroom and conference settings. Prior to his work with Keegan & Donato Consulting, Mr. Keegan served a diverse range of both large and small companies as a marketing strategist and operations manager.

Education

• J.D., Brooklyn Law School (1995) 
• B.A., Pace University (1990)
• Professional Certifications:
• Professional Certificate, Principles of Market Research Program, University of Georgia (2021)
• Professional Certified Marketer (PCM), American Marketing Association (2015–present)