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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. These are some of the keywords associated with this expert's work experience and/or field of study: Expert Witnesses, Legal Experts, Consultants / Consulting, Forensic, Litigation, Arbitrations, Depositions, Trials, Mediations, Courts, Forensics, Civil Cases, Law Suits, Testify, Testimony, Torts, Laws, Lawyers, Attorneys, Malpractice, Marketing, Advertising, Advertiser, Promotion Effectiveness, Executive and Line Management, Sales, Business Planning, Marketing Research, Market Share, New Products, Independent Sales Channels, Dealers, Distributors. Acquisition, Heating, Aerosol, High Tech, Agents, Home Automation, Seminars, HVAC, Public Speaking, Boilers, Industrial, Specifications, Business Plans, Instrumentation, Stage Gate, Business-to-Business, Launch, Strainer, Capital Goods, Lighting Control, Strategy, Chemical Process, Technical, CI, M&A, Technology, Closures, Training, Competition, Competitive Intelligence, Upgrade, Construction, Valve, Mature Products, Ventilation, Control Systems, MBA, Water Treatment, Controls, Mechanical, Mechanical Engineer, CPI, Merger, Dimmers, Discounts, Non-Residential, Pipe, Electrical, Plastic, Pricing, Evaluate, Reps, Residential, Filtration, Due Diligence, and Product Manager.
This expert will consult with attorneys / clients that are located in: 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).
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:
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.
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