When you need experts who are eminently qualified to provide you with litigation surveys and rebuttal testimony for use in your intellectual property matters, consider Keegan & Donato Consulting.

Keegan & Donato Consulting, located in beautiful Rye, New York, is a specialty research consultancy that serves attorneys and their clients. We work on behalf of plaintiffs and defendants to understand the unique issues affecting their cases and provide independent, reliable consumer-based survey research solutions.

Consumer surveys are complex and require training and expertise to design and execute properly. You may be confronted with a research study which, on its face, 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 are facing.

Our methodologically sound consumer surveys and skillful, objective analysis will ensure the admissibility and persuasiveness of the results and help you develop a powerful case or rebuttal strategy.

Keegan & Donato Consulting has been engaged by top IP litigation firms, such as Reed Smith LLP in Chicago, Debevoise & Plimpton LLP in New York, Girard Gibbs LLP in San Francisco, and Giampolo Law Group in Philadelphia, and other leading firms from coast to coast.

Survey Rebuttal and Critique

When you face tough survey evidence in your intellectual property case from a top name in the field, hiring a qualified expert witness to review and respond to the opposing expert’s work is a critical component of an effective rebuttal strategy.

An expert witness may give an opinion to establish a fact at issue in a case or to help the court understand evidence. There is a scientific component (collecting, testing, and evaluating evidence, and forming an opinion about it), and a forensic component (communicating that opinion, and the methodology and procedures used as a basis for the opinion, to the judge and jury).

Keegan & Donato Consulting has reviewed and rebutted hundreds of consumer surveys conducted in the context of litigation. With an unparalleled knowledge of the science and methodology behind consumer surveys, we have the ability to identify flaws and weaknesses in a study that may not be apparent to an untrained eye.

Our typical examination 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

In addition to rebutting a study 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 the expert and on areas of questioning about survey research in general.

For assistance with a litigation survey or rebuttal testimony, contact Keegan & Donato Consulting. We have designed, executed, critiqued and rebutted hundreds of surveys that have been admitted into evidence in federal and state courts, before arbitration panels, the TTAB, the NAD, and other specialty venues. Call us at (914) 967-9421 to find out how we can help.