SUBSCRIPTIONS EXPERT WITNESS TESTIMONY: HIRE LAW FIRM TESTIFYING CONSULTANT

A subscriptions expert witness testimony pro advises on matters involving businesses across various industries, including streaming services, software, magazines, and more. Trial testifying consultants offer looks at subscription models, contracts, pricing strategies, and consumer rights, helping courts understand  legal issues related to recurring payments and business practices as a subscriptions expert witness sees such items.

1. Intellectual Property (IP) Disputes

A number of services rely on proprietary content, software, and technology that may be subject to intellectual property disputes. A subscriptions expert witness reviews whether a third party has infringed upon a subscription service’s copyrights, patents, or trademarks. Relevant products might include:

• Streaming services (e.g., Netflix, Hulu)

• Digital publishing sites (e.g., The New York Times)

• Subscription-based software (e.g., Microsoft 365)

• Digital media content (e.g., eBooks, audiobooks)

• Mobile apps (e.g., fitness or meditation apps)

2. Contract Disputes

Also the businesses frequently enter into contracts with consumers, content providers, and third-party vendors. Disputes may arise over terms, pricing, or service delivery. A subscriptions expert witness explains the legal obligations in these contracts. Products involved in these cases could include:

• Subscription plans for media services (e.g., Spotify, Apple Music)

• SaaS (Software-as-a-Service) agreements (e.g., Salesforce, Adobe Creative Cloud)

• Subscription boxes (e.g., Birchbox, HelloFresh)

• Membership-based services (e.g., Amazon Prime)

• Subscription pricing models (e.g., freemium, tiered)

3. Consumer Protection and Liability Cases

Various services must comply with consumer protection laws, including transparent billing and cancellation policies. A subscriptions expert witness analyzes whether a company has violated these rules, leading to customer dissatisfaction or financial harm. Products in these cases could include:

• Subscription billing systems (e.g., recurring payments for streaming services)

• Online cancellation and refund processes (e.g., for gym memberships)

• Terms of service for mobile subscriptions

• Automatic renewal policies (e.g., magazine subscriptions)

• Consumer protection claims for hidden fees

4. Antitrust and Competition Cases

Antitrust cases can arise when solutions engage in unfair practices that harm market competition, such as exclusive deals or price-fixing. A top subscriptions expert witness reviews whether these practices violate antitrust laws. Products involved in these cases might include:

• Exclusive content deals in streaming services (e.g., Amazon Prime Video)

• Subscription bundling strategies (e.g., Disney+ bundle with Hulu and ESPN+)

• Competitive pricing strategies (e.g., subscription pricing in the cloud industry)

• Geographic restrictions for streaming content (e.g., regional licensing agreements)

• Market share analysis in the subscription industry

5. Technology and Patent Infringement Cases

What’s more businesses tend to rely on proprietary technology, such as services for streaming, content management, or payment processing. Typical subscriptions expert witnesses help evaluate whether a company is using patented technologies without authorization. Example products in these cases include:

• Payment processing platforms for recurring subscriptions (e.g., Stripe, PayPal)

• Video streaming technology (e.g., Roku, Netflix)

• Content delivery networks (CDNs) used for media streaming

• Data encryption and security technologies for subscription services

• Cloud-based platforms used in SaaS subscriptions (e.g., Google Drive, Dropbox)