You may need a testifying expert witness when the facts and issues of your trademark case are not easily understood. Take advantage of Keegan & Donato Consulting’s breadth of knowledge and experience.
Keegan & Donato Consulting, located in beautiful Rye, New York, is a specialty research consultancy that designs and executes consumer-based surveys for attorneys and their clients in the context of intellectual property disputes. Principals Mark Keegan and Tony Donato have more than 25 years of combined experience in the field of consumer research.
Who Can Provide Expert Testimony?
Rule 702 of the Federal Rules of Evidence requires experts to have scientific, technical, or other specialized knowledge that will help the court understand the evidence. The expert’s testimony must be based on sufficient facts or data obtained by reliable principles and methods that have been properly applied to the facts of the case.
Expert advice can be critical for a variety of reasons, such as in making the most of fact discovery, framing discovery requests, and identifying issues to investigate in depositions.
After collecting pertinent data, experts can interpret the facts and testify about them to a judge or jury. They can address unique questions or facts that are central to the issues in your case and help you quantify damages.
Choosing a Qualified Expert
There are several criteria to consider when selecting the most appropriate expert for your case, but experience is one of the most important factors. It is important that the expert have the right educational background, as well as experience in being deposed and testifying at trial.
Mark Keegan has consulted for more than a decade on litigation issues such as marketing, international business, and consumer studies for Lanham Act claims, and formulating complex case strategies. He is an AMA Professional Certified Marketer and has worked with top brands as a marketing strategist helping to position them in the market and create innovative online advertising solutions. Mr. Keegan holds a law degree from Brooklyn Law School and is licensed to practice in Connecticut and New York.
Tony Donato has consulted in complex litigation matters involving intellectual property, consumer behavior, and marketing cases covering trademark, patent, copyright, advertising, consumer surveys, business ethics, business damages, and other issues. He offers clients a strong analytical background and a wide range of experience in research, survey design & execution, strategy, data analysis and case management. Mr. Donato received a Master of Public Policy degree from Georgetown University.
Mr. Keegan and Mr. Donato have extensive testimony experience. As consulting experts, we can:
- provide you with technical and strategic advice;
- help you analyze the economic, financial and/or technical complexities of your case;
- help you determine suitable deposition questions to ask;
- help you prepare a testifying expert for deposition and trial;
- objectively evaluate the work of other experts;
- critique potential weaknesses in an adversary’s survey evidence and write a rebuttal report.
We have partnered with leading firms across the nation, including Blood Hurst & O’Reardon LLP (San Diego), Ropes & Gray LLP (Washington, DC), SmithAmundsen LLC (Chicago), and Notaro, Michalos & Zaccaria PC (New Jersey), on litigation surveys that have been accepted as evidence in matters involving a broad range of products and services.
From consulting services to expert witness testimony to preparation of testifying witnesses and post-litigation support, Keegan & Donato Consulting can help strengthen your trademark case. Call us today at (914) 967-9421 to learn more about our services.