View Selected Experts

Our extensive network includes top experts from academia and industry.

Our extensive network includes top experts from academia and industry.

Justin McCrary

Paul J. Evanson Professor of Law,
Columbia Law School;
Senior Advisor, Cornerstone Research

Justin McCrary is an expert on statistical methods and economic modeling at the intersection of law and economics. Professor McCrary has testified on issues related to class certification, antitrust, labor, and statistics. His experience covers a range of industries and markets, including healthcare, life sciences, labor, telecommunications, high tech, and retail.

Class certification

Professor McCrary provided testimony in two seminal no-poach litigation matters involving the McDonald’s and Jimmy John’s franchises. In both matters, he analyzed the potential procompetitive benefits of the challenged clauses and opined on issues of class certification. Class certification was denied in both cases, with both U.S. district court judges relying on Professor McCrary’s analyses in their opinions.

Professor McCrary has testified on class certification issues in a high-profile gender discrimination case focused on pay and promotion outcomes at a large U.S. retailer. He has also filed reports on class certification issues in false advertising, product liability, and breach of contract matters.

Antitrust

Professor McCrary has extensive experience as an expert in antitrust cases. In a significant matter in a high-tech industry, he addressed allegations of conspiracy to fix prices, as well as analyzed and rebutted an opposing expert’s damages model. He has analyzed damages resulting from alleged collusion among pharmacies in South America. In AT&T’s acquisition of T-Mobile, Professor McCrary served as a consulting expert for the U.S. Department of Justice.

Statistical methods and analysis

An authority on high-performance computing and statistical techniques, Professor McCrary has testified at deposition on sampling, probability theory, and statistical methods. His experience includes multiple mortgage-backed securities and insider trading matters. He has also examined the statistical evidence for alleged overbilling of Medicare by healthcare providers in both government audit and False Claim Act matters.

Research and teaching

Professor McCrary has published research on econometric methods for measuring damages in antitrust litigation. In addition, his scholarship covers a wide range of topics, including employment discrimination, high-frequency trading, financial market structure, and monetary policy. A prolific author and co-author, his work has appeared in leading journals, including the American Economic Review, the Journal of Econometrics, and the Review of Economics and Statistics. Professor McCrary is a faculty research associate at the National Bureau of Economic Research.

Prior to joining Columbia University, Professor McCrary taught at the School of Law at the University of California, Berkeley. He is the founding director of the UC Berkeley Social Sciences Data Laboratory, or “D-Lab,” which focuses on emerging big data techniques in social science research.

Our extensive network includes top experts from academia and industry.

Kimberly Neuendorf

Professor, School of Communication,
Cleveland State University

Kimberly Neuendorf is an authority on content analysis methods. She specializes in how communications, such as social media or advertising, can drive audience and consumer preferences, perceptions, and behavior. Professor Neuendorf is the author of The Content Analysis Guidebook, a reference book currently in its second edition. She has also published wide-ranging academic research, including more than 130 articles, chapters, and research reports.

Professor Neuendorf has been retained in major matters to testify on content analysis methodology and media impact. As an expert witness in one of the largest defamation cases filed in the United States, her analysis of Twitter demonstrated how news coverage influenced social media activity. In a national class action against an automobile manufacturer, she analyzed the volume and content of news stories in order to assess consumers’ potential understanding of the alleged defect.

Professor Neuendorf has consulted to a range of organizations, including the U.S. Secret Service National Threat Assessment Center, the National Cancer Institute, the Annenberg Public Policy Center of the University of Pennsylvania, and the Harvard Identity Project at Harvard University.

At Cleveland State University, Professor Neuendorf teaches in the areas of media communication and research methods, including content analysis. Previously, she taught at Michigan State University and was a visiting professor at the University of Maryland.

Our extensive network includes top experts from academia and industry.

Victor Stango

Professor, Graduate School of Management,
University of California, Davis

Victor Stango specializes in retail banking, consumer finance, and behavioral economics. He has served as an expert witness in matters involving consumers’ experiences, usage, and understanding of various financial products, including consumer finance class actions related to disclosure statements and agreements. Professor Stango has testified in deposition and at trial.

Professor Stango’s current research focuses on consumer financial decision making over both short- and long-term time horizons. He has also examined consumer financial products such as credit cards, demand deposit accounts, ATMs, and payday loans. His other current work examines how information technology outsourcing affects firms and consumers in the financial services industry. Professor Stango also analyzes issues related to data breach and data privacy.

Professor Stango was formerly a senior economist at the Federal Reserve Banks of Chicago and New York. He has earned recognition for outstanding teaching and is an associate editor of the International Journal of Industrial Organization. His writing has appeared in major news outlets, and his research has been published in leading academic journals, including the American Economic Review, the Journal of Finance, and the Review of Financial Studies.

Our extensive network includes top experts from academia and industry.

Donna L. Hoffman

Professor of Marketing,
Louis Rosenfeld Distinguished Scholar,
GW School of Business,
George Washington University

Donna Hoffman is a renowned expert in online consumer experience and behavior, including internet marketing, e-commerce, and online search. With deep expertise in quantitative psychology and marketing, Professor Hoffman has extensive experience with survey methods, both in her published research and consulting work. In particular, she has conducted surveys related to consumers’ perceptions of social media. Professor Hoffman also evaluates the impact of new technologies, including artificial intelligence (AI) and the Internet of Things, on the online retail market environment.

An experienced expert witness, Professor Hoffman has testified in multiple matters, including in two federal trials. Her testimony in these matters included evaluating and opining on issues relating to online consumer behavior, digital marketing, and the role of internet search in the purchase decision process.Professor Hoffman cofounded and codirects the Center for the Connected Consumer, an academic research center dedicated to understanding consumer experiences with AI and smart devices that are connected to the internet. She has consulted to major corporations on electronic commerce and digital marketing strategy, including FedEx.com, Intel, Lands’ End/Sears, Microsoft, Procter & Gamble, and Walmart.com. Professor Hoffman also served as a member of the Procter & Gamble Digital Advisory Board.

Professor Hoffman’s research has appeared in top academic and managerial publications, such as Marketing ScienceManagement Science, the Journal of Marketing Research, the Journal of Marketing, the Journal of Consumer Research, and the Journal of Consumer Psychology. She currently serves on the editorial boards of leading academic publications in the marketing discipline, as well as serving as an associate editor at the Journal of Marketing. She coedited the book Beyond the Basics: Research-Based Rules for Internet Retailing Advantage, and has coauthored numerous book chapters focused on consumer behavior in online environments.

Professor Hoffman has received many prestigious research awards, including the Society for Consumer Psychology Fellow Award; the Robert B. Clarke Educator of the Year Award from Marketing EDGE (formerly the DMEF); the Sheth Foundation/Journal of Marketing Award for long-term contributions to the marketing discipline; and the William O’Dell/Journal of Marketing Research Award for long-term research impact.

She has received media citations from Newsweek (as one of the 50 People Who Matter Most on the Internet), Advertising Age (as a Web Warrior), Internet World (as an Internet Hero), MicroTimes (as one of the MicroTimes 100), and San Francisco Webgirls (as one of the Top 25 Women on the Web). The New York Times called eLab, which Professor Hoffman cofounded, “one of the premiere research centers in the world for the study of electronic commerce.” The Wall Street Journal recognized the center as the “electronic commerce pioneer among business schools.”

Prior to joining the faculty at GW School of Business, Professor Hoffman taught at the University of California, Riverside; Vanderbilt University; the University of Texas, Dallas; and Columbia University. She has been a visiting scholar at Stanford University, UCLA, and the University of Hong Kong.

Consumer Fraud and Product Liability Capabilities

Cornerstone Research has addressed issues of certification, exposure, reliance, impact, and damages in class actions. Key questions in these cases may include whether common evidence can prove that certain challenged conduct caused each member of the proposed class to make a purchase and whether the challenged conduct injured each member of the proposed class. An additional consideration is whether each proposed class member’s damages, if any, can be determined by common proof. We have worked on class actions involving allegations of:

  • The benefit of the bargain harm, where plaintiffs claim that consumers would have allegedly paid less or not purchased the product at issue had they not allegedly been misled or had defendants not acted in in bad faith, because of improper labeling, advertising, or disclosure
  • Diminished resale value of a durable good due to the challenged conduct
  • Demand and price inflation claims that plaintiffs argue caused class-wide impact, even for consumers who were not influenced by the challenged conduct

Class certification in these cases frequently turns on the particulars of the challenged conduct, the overall structure of the industry and the market, and the characteristics of individual transactions. We evaluate these issues through empirical research within a framework of sound economic concepts.

Individual actions involving allegations of fraud and misrepresentation are often brought by a defendant’s competitors. These cases may require a focus on the relevant market, quantification of the effect of the challenged conduct on demand and prices for competing products, and estimation of damages suffered by competitors due to the defendant’s alleged fraud or misrepresentation.

In addition to lost sales and price erosion, some plaintiffs may also seek reputational damages and punitive damages. We have substantial experience analyzing these specific types of claims, applying our expertise in economics, marketing, finance, econometrics, and accounting.

Our experience in individual actions includes allegations of fraud and misrepresentation in matters involving a broad array of industries and consumer products.

Cornerstone Research staff and experts have significant experience in survey design, including analyzing and implementing reliable sampling techniques. We regularly conduct and critique surveys of market participants to assess consumer behavior, attitudes, and preferences, and to address issues relating to exposure, reliance, and materiality. In some cases, we supplemented these empirical findings with analysis of data originally collected over the course of business as well as from publicly available data sources.

Cornerstone Research regularly formulates and implements empirical analyses to respond to economic and financial issues. We have specialized staff with expertise in advanced modeling and statistical techniques, including difference-in-differences, hedonic regression, and synthetic control methods, among others. We frequently use real-world, large datasets with sophisticated statistical and econometric methods.

We have experience working with experts to develop and implement rigorous, state-of-the-art content analysis techniques—including artificial intelligence and machine learning—to assess marketing messages (such as advertisements), social media and user-generated online content, and other content involving extensive textual data, such as public press spanning many years.

Conjoint analysis is a survey-based marketing research tool developed by academics to understand and estimate consumer preferences. It has been adopted by businesses and industry practitioners to help make decisions on new product development and market segmentation analysis, among other uses. Over the last several years, conjoint analysis has been increasingly proposed as a method to estimate class-wide damages in a variety of consumer class actions including product liability, false advertising, product labeling, and data privacy and data breach matters. However, the technique’s underlying assumptions and limitations render it unsuitable for calculating damages in a class action setting.

Automobile
Cornerstone Research has rich experience in analyzing causation, impact, and damages issues in the automobile industry. We have addressed allegations of benefit of the bargain harm and diminished resale value in these cases.

Learn more >

Consumer Finance
We have worked on consumer finance cases involving credit cards, checking accounts, and pension plan choices. Our experience encompasses fraud and misrepresentation allegations as well as deceptive advertising and inadequate disclosure claims.

Learn more >

Food, Beverage, and Dietary Supplements
In the food, beverage, and dietary supplements industries, Cornerstone Research has applied economic and statistical methods and marketing research techniques such as surveys to cases involving allegations of false advertising, omissions of material information, and product misrepresentation. We have worked on matters involving “All Natural” claims on product labels, health-related claims on product packaging and advertising, the amount of “slack-fill” in product packaging, the amounts of ingredients included in a product, and comparative advertising between competing products, among others.

Life Sciences and Healthcare
We have worked on several cases involving allegations of fraud and misrepresentation in life sciences and healthcare matters.

Learn more >

Technology
In several technology and manufacturing cases, attorneys have retained Cornerstone Research to analyze issues related to alleged false advertising, deception, product liability, and demand and price inflation.

Learn more >

Other Consumer Products
Our staff have assessed allegations of false advertising, deception, and product liability in many consumer products.

 

Featured Cases

Featured Publications

31 March 2022

The Weak Foundations of Conjoint Analysis

David Gal of University of Illinois discusses the methodological limitations of conjoint analysis for assessing consumer preferences and estimating...

17 November 2021

Damages in Consumer Class Actions

The authors discuss methods such as conjoint surveys and regression analysis in the ABA’s A Practitioner's Guide to Class Actions.

8 November 2021

Estimating Harm in Invasion of Privacy and Data Breach Disputes

The authors discuss the recent developments in the UK and the US in invasion of privacy and data breach cases.

22 September 2021

Ad Avoidance in False Advertising Consumer Class Actions (Online Marketing Blog)

In consumer class actions involving allegations of deceptive or false advertising, plaintiffs may allege that a company misrepresented benefits or ...

23 August 2021

Why Curve-Fitting Cannot Be Used to Show Causation or Estimate Impact

Iain Cockburn discusses the problems with curve-fitting methodology in economic analysis in this Westlaw article.

12 March 2021

Using Surveys In Consumer Finance Litigation

The authors consider how surveys can help address key issues regarding consumer financial decision-making in litigation and regulatory enforcement ...

30 January 2021

Omnichannel Marketing (Online Marketing Blog)

We discuss how the internet and e-commerce have prompted some firms to try to adapt their marketing strategies; the implications of these changes o...

16 December 2020

5 Questions with Anja Lambrecht: Digital Advertising, Targeting, and Apparent Bias

We interview Professor Lambrecht, an authority on digital marketing related to online advertising, promotion, pricing, and consumer behavior.

3 November 2020

Legal and Economic Analysis of Personal Data–Related Collective Actions in the UK

The authors discuss how the right to compensation under the GDPR and DPA 2018 has introduced a significant risk of damages actions following allega...

8 October 2020

Economic and Legal Issues in Data Privacy and Data Breach Group Litigations: Key Takeaways

At a July 2020 event, speakers discussed economic and legal issues arising in data privacy and data protection litigation.

How can we help you?

For more information or assistance with a specific matter, please contact us.