When you face questionable survey evidence in a high-stakes intellectual property dispute, a survey rebuttal expert may be able to expose critical flaws and weaknesses in the evidence to help you develop an effective rebuttal strategy.
Mark Keegan and Tony Donato, principals of Keegan & Donato Consulting, offer clients a blend of strategic and analytical skills and more than 25 years of combined expertise in designing, executing and critiquing consumer research studies in the context of litigation.
Mark Keegan is a member of the New York and Connecticut Bar Associations and has developed complex litigation strategies for his clients and served as a marketing strategist with top brands. He is also an AMA-designated Professional Certified Marketer.
Tony Donato has a Master of Public Policy from Georgetown University and considerable experience in marketing, intellectual property, and consumer behavior cases covering trademark, copyright, patent, best efforts, advertising, business damages, consumer surveys, and business ethics.
Survey Critique & Rebuttal
Trademark surveys are complex and require training and expertise to design and execute properly.
You may be confronted during litigation with a research study which, on the surface, appears convincing and well-executed. But no research study is perfect, and Keegan & Donato Consulting can provide guidance about possible weaknesses in the survey evidence you face.
Our typical survey critique may include an analysis of:
- the opposing expert’s training and credentials
- the survey design
- the survey methodology
- the types of questions asked and their wording
- the ordering and structure of the questions
- the procedures used to minimize potential biases in data collection
- how the survey universe was defined
- the sampling frame used to identify the population
- the method of screening and selecting survey respondents
- how the survey data was analyzed and reported
With an unparalleled knowledge of the science and methodology behind consumer research studies, we have the ability to identify flaws that may not be apparent to an untrained eye, but may help you refute the credibility of an expert’s work.
In addition to critiquing or rebutting the survey itself, we are often enlisted for advice on how to approach an opposing expert’s deposition. We can counsel you on specific survey-related issues to address with an expert as well as areas of questioning about survey research in general.
Keegan & Donato Consulting has developed surveys for and provided expert rebuttal testimony on behalf of firms that manage some of the largest trademark portfolios in the world, such as Girard Gibbs LLP in San Francisco, Pashman Stein in New Jersey, Blank Rome LLP in Philadelphia, Stanley, Mandel & Iola LLP in San Diego, and Arent Fox in Washington, DC.
When you face tough survey evidence from a top name in the field, the survey rebuttal experts at Keegan & Donato Consulting can help. Get in touch with us at (914) 967-9421 to learn more about how we can work with you.