Survey rebuttals can save your case. Your intellectual property infringement case is hanging on the validity of an expert survey. The expert is experienced and the report looks solid. But is it? Only a rebuttal expert can tell you how good, or bad, it actually is for your case.

At Harper Litigation Consulting and Research (HLCR), Rhonda Harper specializes in Lanham Act surveys and rebuttals. In fact, Ms. Harper has been engaged by hundreds of law firms.

There is a methodology that sets her rebuttals apart from the pack. She formulates expert rebuttal critiques based on solid marketing principles and models, professional research standards, and her more than 35 years of Fortune 500 experience. Ms. Harper also provides guidance on how to approach the opposing experts' depositions.

Surveys
Thorough review and response to an opposing expert’s survey work is a critical component of a successful rebuttal strategy. Ms. Harper provides guidance on how to approach the opposing counsel’s evidence in order to make a strong, effective rebuttal, including crafting effective critiques or constructing rebuttal surveys. Over the past 18 years Ms. Harper has provided scores of these services to clients nationwide.

Specifically, Ms. Harper formulates expert rebuttal critiques and constructs rebuttal surveys to show the potential difference in results with properly designed and executed surveys. She is adept at providing a thorough critical analysis of the flaws in a poorly designed and executed survey. Harper also provides guidance on how to approach the opposing experts' depositions. Ms. Harper evaluates the quality and reliability of opposing counsel's survey evidence. She provides assessments of the degree to which surveys conform to generally-accepted principles of proper survey research. She has extensive experience and a deep understanding of survey design, sampling, question construction, data analysis, and methodological pitfalls that introduce bias or systematic error.

Ms. Harper follows the standards set by Dr. Shari Diamond, among others, to ensure the validity of her research studies and those she is rebutting. These include:

Appropriate universe selection and sampling frame
Rigorous and valid survey design that is probative of the relevant issues in a case
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


Ms. Rhonda Harper, MBA
In 2022, Ms. Rhonda Harper provided expert courtroom testimony that helped clients win more than $65 million. No wonder she has been retained by hundreds of law firms since 2005. Ms. Harper has testified in virtually every Federal Circuit Court, along with State Courts, the United States Patent and Trademark Office, the Trademark Trial and Appeal Board, and in arbitrations through both AAA and JAMS. She is a former Fortune 100 chief marketing officer and adjunct marketing professor. She has provided testimony for cases regarding intellectual property infringement, misleading advertising, licensing, breach of contract and performance, unfair competition, trade practices, consumer privacy, commercial reasonableness, and personal injury. Ms. Harper has conducted or rebutted more than 200 Lanham Act trademark, trade dress, and advertising surveys.

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