Winning Cases With Marketing Research
By Don Smith

About The Author:

Don Smith is the President of a leading consulting company. He has over 35 years of executive and line management experience in marketing-sales management, business planning, marketing research, new products and the management of independent sales channels. He is also a nationally known public speaker on the successful evaluation and launch of new products, marketing research and the management of independent dealers and distributors.

His clients include AT&T, DSM Polymer, General Valve, Ingersoll-Rand, Lamb Technicon, Lockheed-Martin, Lutron, Motorola, Multisorb Technologies, NYNEX, Panama Canal, Pittsburgh Corning, Rexam, SKF, US Borax, and Volvo.

Mr. Smith has extensive executive training experience. This includes Cornell's Graduate School of Business, American Management Association, University of North Carolina's Executive Program, University of Wisconsin and the Milwaukee School of Engineering.

If you would like additional information about the author's services as an expert witness and/or consultant,
contact the Legal Expert Network at 1-800-597-5371.

Marketing research is a powerful tool that helps lawyers win cases. For example:

1. By establishing that a distributor did not implement "effective marketing & sales programs" as required by the contract, the unlawful termination suit was dismissed.
2. By demonstrating that equivalent products and services were priced at $2,400,000 vs. the $200,000 value claim, the case was settled prior to trial for $2,400,000.
3. By locating key facts, a case for illegal pricing collusion was established. The plaintiff was awarded $3,150,000.

Cases that involve the following can benefit from marketing research:

• Advertising & promotion effectiveness
• Agent performance
• Best effort evaluation
• Competitive analysis
• Dealer performance
• Distributor performance
• Effectiveness of programs
• Lost sales
• Market share
• Market size & growth
• New product opportunity
• Pricing
• Profit from lost sales
• Strategy

Many market research expert witnesses have an undergraduate degree in their specialty (engineering, business and marketing) and an MBA. They average over twenty years of business experience. Unfortunately, some lawyers do not recognize the value of marketing research and put their cases at risk!

The keys to the selection and use of marketing research professionals include:

1. Define the hypothesis and the information required to win the case. This guides you in the selection of your market researcher. Most research is too broadly defined. The result is high cost and insufficient depth.
2. Define seven key words that define the background and experience you require from your market researcher.
3. Use researchers with extensive business and litigation support experience.
4. One of the strengths of market researchers is attention to detail. This can also be a weakness. Too much detail hides the primary conclusions and provides opportunities for the opposing attorney to attack the researcher's credibility. Be certain to prepare your researcher for the deposition and trial. Keep the responses concise and focused.
5. Secure several research-in-progress verbal reports. The information will provide you with valuable insight to the case and your strategy.

To contact this expert call the Legal Expert Network at 1-800-597-5371.

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This expert will consult with attorneys / clients that are located in, or have legal and non-legal cases that are related to: AK (Alaska), AL (Alabama), AR (Arkansas), AZ (Arizona), CA (California), CO (Colorado), CT (Connecticut), DC (District of Columbia), DE (Delaware), FL (Florida), GA (Georgia), HI (Hawaii), IA (Iowa), ID (Idaho), IL (Illinois), IN (Indiana), KS (Kansas), KY (Kentucky), LA (Louisiana), MA (Massachusetts), MD (Maryland), ME (Maine), MI (Michigan), MN (Minnesota), MO (Missouri), MS (Mississippi), MT (Montana), NC (North Carolina), ND (North Dakota), NE (Nebraska), NH (New Hampshire), NJ (New Jersey), NM (New Mexico), NV (Nevada), NY (New York), OH (Ohio), OK (Oklahoma), OR (Oregon), PA (Pennsylvania), PR (Puerto Rico), RI (Rhode Island), SC (South Carolina), SD (South Dakota), TN (Tennessee), TX (Texas), UT (Utah), VA (Virginia), VT (Vermont), WA (Washington), WI (Wisconsin), WV (West Virginia), WY (Wyoming), Native American Indian Reservations, East Coast states, New England states, the North or Northern states, the South or Southern states, Eastern states, Western states, West Coast states, Mid-Atlantic states (Midatlantic), Mid-West states (Midwestern states), North-East states (Northeastern states), North-West (Northwestern states), Great Plains states, South-East (Southeastern states), and South-West (Southwestern states). [This includes the Upper & Lower sections of the states and regions above]. Furthermore, this expert can assist those attorneys and clients who specifically need an expert in a particular city such as: Akron, Albuquerque, Anaheim, Angeles, Arlington, Atlanta, Austin, Baltimore, Birmingham, Boston, Bronx, Brooklyn, Buffalo, Charlotte, Cherry Hill, Chicago, Cincinnati, Cleveland, Colorado Springs, Columbus, Corpus Christi, Dallas, Denver, Detroit, Diego, District of Columbia, El Paso, El Paso, Fort Wayne, Fort Worth, Francisco, Fresno, Greensboro, Honolulu, Houston, Indianapolis, Jacksonville, Jacksonville, Jersey City, Kansas City, Las Vegas, Lexington, Long Beach, Long Island, Los Angeles, Louisville, Madison, Manhattan, Memphis, Mesa, Miami, Milwaukee, Minneapolis, Montgomery, Nashville, New, New Orleans, New York City, Newark, Norfolk, Oakland, Oklahoma City, Omaha, Orlando, Philadelphia, Phoenix, Pittsburgh, Portland, Queens, Raleigh, Sacramento, Saint Louis, Salt Lake City, San Antonio, San Diego, San Francisco, San Jose, Scottsdale, Seattle, Spokane, St. Louis, Staten Island, Tampa, Tucson, Tulsa, Vegas, Virginia Beach, Washington DC, Wichita, York, as well as other cities. In addition to consulting with attorneys / clients in the U.S., Legal Expert Network’s experts can also review legal cases (or non-legal cases) that are located in, or related to, areas outside the United States such as: Canada & Canadian issues, Mexico & Mexican issues, Africa & African issues, Asia & Asian issues, Australia & Australian issues, East Asia & East-Asian issues, Europe & European issues (from the Northern, Southern, Eastern, and Western parts of Europe), Middle East & Middle-Eastern issues, Arab & Muslim issues, Turkey & Turkish issues, Israel & Israeli issues, North America & North American issues, Central America & Central American issues, South America & South American issues, South Asia & South Asian issues, India & Indian issues, South East Asian & South-East Asian issues, Taiwan & Taiwanese issues, China & Chinese issues, Singapore & Singaporean issues, Indonesia & Indonesian issues, Japan & Japanese issues, Korea & Korean issues, Russia & Russian issues (including former Soviet republics), and E.U. & European Union issues.

To contact this expert call the Legal Expert Network at 1-800-597-5371.