A MARKETING EXPERT WITNESS TALKS ADVERTISING, BRANDING AND PROMOTIONS

Marketing expert witness testimony is frequently relied upon in legal disputes involving false or deceptive advertising claims, intellectual property matters, and contract disputes related to deliverables like market research or competitive analysis. Serving as expert consultants, top advisors carefully review case facts and evidence to provide specialized insight into the standard marketing practices at issue.

Prior to litigation, a lawyer selects and engages with a qualified marketing expert witness that has extensive background in the industry and issues under examination in the specific case. The consultant thoroughly examines available documents and materials to fully understand the details. Common materials include marketing plans, qualified leads lists, advertisement storyboards and media plans, royalty reports, purchase agreements, and communication records between parties.

The target of a marketing expert witness is to objectively provide fact and opinion-based testimony to aid the trier of fact’s comprehension of standard industry principles and practices. An expert witness report is also drafted to outline methodologies for analysis, address relevant facts and background, state all opinions, and the foundation for arriving at those conclusions. Marketing expert witnesses must provide unbiased perspectives based on factual evidence only — judges and juries rely heavily on their subject matter authority.

In court, a marketing expert witness will explain industry advertising standards, typical market research practices, direct and channel marketing norms, intellectual property issues in marketing, and more as these factors pertain to the dispute at hand. Pros’ testimony helps juries interpret laws governing marketing activities as applied to the case. Expert opinions must withstand rigorous cross-examination as well. The best marketing expert witnesses charge an hourly rate for review, analysis, reports, and testimony. Most have served as experts for numerous cases in their niches.

Overall, consultants offer specialized knowledge to assist with legal decision making related to advertising claims, branding matters, consumer perceptions and behaviors, lead generation practices, and marketing-related contractual issues. Such marketing expertise shines light on industry norms and standards for the court. Parties in marketing disputes depend greatly on marketing expert witnesses for gaining useful advice.