In the context of litigation, the methodology and implementation of a consumer survey is crucial. To stand up to judicial scrutiny, surveys should be designed by independent, experienced experts, such as Keegan & Donato Consulting.
Keegan & Donato Consulting, located in Rye, New York, has vast experience in the design, execution, and critique of consumer research studies that have been admitted into evidence in state and federal courts, at arbitration, the NAB, and to the TTAB. Principals Mark Keegan and Anthony Donato also have extensive testimony experience.
Mr. Keegan and Mr. Donato offer 25 years of combined experience and a rare mix of strategic and analytical skills. Mr. Keegan has a background in formulating complex case strategies on behalf of his clients and as a marketing strategist working with top brands. Mr. Donato has a strong analytical background in marketing, intellectual property, and consumer behavior cases covering consumer surveys, trademark, patent, copyright, advertising, business damages, and business ethics.
We offer the following credentials:
- Juris Doctor from Brooklyn Law School (Keegan)
- Member of the New York and Connecticut Bar Associations (Keegan)
- Bachelor of Arts in History from Pace University (Keegan)
- AMA-designated Professional Certified Marketer (Keegan)
- Master of Public Policy from Georgetown University (Donato)
- Bachelor of Arts in Politics from Ursinus College (Donato)
- Co-author of peer-reviewed journal articles (Donato)
Keegan & Donato Consulting conducts surveys to test a wide variety of Lanham Act claims, such as likelihood of confusion, acquired distinctiveness, genericness, secondary meaning, strength of mark, trade dress, and more, as well as false and deceptive advertising, consumer perception, and provides expert witness testimony on consumer survey, marketing and economic issues.
Our firm’s methodological approach follows established principles of consumer survey research beginning with a rigorous and valid survey design that explores the relevant issues in the individual case. Some of the industry best practices we have built into our survey designs include:
- Appropriate universe selection and sampling frame;
- Inclusion of 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 can also help you analyze the economic, financial or technical complexities of your case; assist in your assessment of different case strategies; determine which deposition questions to ask; help you prepare a testifying expert for deposition and trial; or critique the potential weaknesses in an adversary’s survey evidence in a rebuttal report. These services can have a significant impact on your client’s case.
Keegan & Donato Consulting has assisted firms across the nation develop effective case strategies, including Giampolo Law Group (Philadelphia), Debevoise & Plimpton LLP (New York City), Ropes & Gray LLP (Washington, DC), Irell & Manella LLP (Los Angeles), and Stanley, Mandel & Iola, LLP (San Diego).
If you are seeking a reliable and defensible consumer research survey that will be conducted with meticulous attention to industry best practices for methodology and implementation, contact Keegan & Donato Consulting at (914) 967-9421 to take advantage of our training, expertise, and data-gathering capabilities.