View Selected Experts

We examine every case to identify the most effective expert witnesses.

We examine every case to identify the most effective expert witnesses.

Natalie Mizik

Professor of Marketing,
J. Gary Shansby Endowed Chair in Marketing Strategy,
Foster School of Business,
University of Washington

Natalie Mizik is an expert in marketing strategy. She specializes in developing methods for assessing the effect of marketing activities on firms’ financial performance, and in valuing brands and other intangible marketing assets. She has also conducted research on direct-to-physician pharmaceutical marketing.

Professor Mizik is an experienced expert witness and has testified in depositions. She has opined on issues related to pharmaceutical marketing, brands and branding, and survey methodology in intellectual property rights disputes and consumer class actions. She has also analyzed marketing data, conducted consumer surveys, and rebutted conjoint analysis as part of her expert witness work.

In her research, Professor Mizik collects and analyzes primary data, such as consumer surveys, as well as secondary data that include sales and stock market information. Her methodological expertise covers statistics, econometrics, and marketing research methods, including conjoint analysis.

Professor Mizik publishes in leading academic journals, and serves as the editor-in-chief for Marketing Letters and on the editorial boards of Marketing Science and the Journal of Marketing Research. She is a coeditor of the book Handbook of Marketing Analytics: Methods with Applications in Marketing Management, Public Policy, and Litigation Support. She has served as a member of the Academic Council of the American Marketing Association (AMA) and as an officer of the INFORMS Society for Marketing Science.

Professor Mizik has received numerous research and teaching awards. Notable among these are the AMA’s Distinguished Service Award, the Erin Anderson Award for an Emerging Female Marketing Scholar and Mentor, the Varadarajan Award for Early Career Contributions to Marketing Strategy, and the Marketing Science Institute’s Robert D. Buzzell Best Paper Awards, honoring research that makes a significant contribution to marketing practice and thought. In addition, Professor Mizik has been recognized multiple times for teaching excellence in the MBA, Executive MBA, and Technology Management MBA programs at both the Foster School of Business and Columbia Business School.

Prior to joining the University of Washington, Professor Mizik served as a faculty member at the Columbia Business School and the Kenan-Flagler Business School, University of North Carolina at Chapel Hill, and as a visiting associate professor at the MIT Sloan School of Management.

We examine every case to identify the most effective expert witnesses.

Jeffrey T. Prince

Professor of Business Economics and Public Policy,
Harold A. Poling Chair in Strategic Management,
Co-Director, Kelley Institute for Business Analytics,
Kelley School of Business,
Indiana University

Jeff Prince is an expert on competition in technology and telecommunications markets. An empirical economist with extensive research in industrial organization and applied econometrics, Professor Prince analyzes the economics of digital platforms, the value of privacy, demand for personal computers, consumer adoption of video streaming services, and consumer usage of broadband and mobile internet. He has evaluated how firms compete on non-price attributes and the competitive effects of mergers in the airline industry. Professor Prince has also researched bundling of products in the telecommunications industry, and regulation and competition in healthcare markets.

Professor Prince served as chief economist at the Federal Communications Commission (FCC) from 2019 to 2020. While at the FCC, he coauthored the agency’s comments on the Department of Justice’s and Federal Trade Commission’s Draft 2020 Vertical Merger Guidelines.

As an expert witness, Professor Prince has been retained in multiple high-profile matters. He has testified in deposition and at trial, on topics related to antitrust, intellectual property valuation, and damages. He has also consulted on telecommunications policy, competition policy and antitrust, damages, and survey design, including design of conjoint surveys.

Professor Prince has published his research in leading academic journals that include the American Economic Review, Management Science, and the Review of Industrial Organization. He coedits the Journal of Economics and Management Strategy and has served on the editorial board of Information Economics and Policy for more than a decade. In addition, Professor Prince’s research has been cited by the New York Times, Psychology Today, Reuters, and the Wall Street Journal.

Professor Prince has been honored with awards for excellence and innovation in teaching. At Indiana University, he teaches courses on digital economics and predictive analytics for business strategy. Previously, he served on the faculty at Cornell University.

We examine every case to identify the most effective expert witnesses.

Gal Zauberman

Joseph F. Cullman 3rd Professor of Marketing,
Yale School of Management,
Yale University

Gal Zauberman is an expert in consumer behavior, and judgment and decision-making. He has researched the factors that affect individuals’ evaluations, preferences, and choices; the role of time in decisions; consumer financial decision-making; and evaluations of experiences.

Professor Zauberman has provided expert witness testimony in many cases, including at the class certification stage of multiple consumer class actions. He has addressed allegations of false advertising, product misrepresentation, and misleading retail pricing practices, and evaluated a range of issues in the consumer goods, professional services, and retail industries. Professor Zauberman has substantial experience with designing and conducting consumer surveys and controlled experiments, both as part of his expert witness work and his academic research.

He has coauthored peer-reviewed articles and book chapters, and his research has been published in leading marketing and psychology journals such as the Journal of Marketing Research, the Journal of Consumer Research, Marketing Science, Psychological Science, the Journal of Experimental Psychology: General, and the Journal of Neuroscience, Psychology, and Economics. His work has received international coverage from the New York Times and Scientific American, among other media outlets.

The Journal of Marketing Research has honored Professor Zauberman with both the William F. O’Dell and the Paul E. Green best paper awards for significant contributions to marketing research, methodology, and/or practice. Professor Zauberman also received the 2007 Early Career Award for Distinguished Contributions to Consumer Psychology from the American Psychological Association.

For over two decades, Professor Zauberman has taught undergraduate, graduate, and executive education courses on consumer behavior, financial decision-making, marketing management, and marketing research methods. Prior to joining the Yale School of Management, he served on the faculty of the Wharton School at the University of Pennsylvania.

We examine every case to identify the most effective expert witnesses.

Ronald T. Wilcox

NewMarket Corporation Professor of Business Administration,
Darden School of Business,
University of Virginia

Ronald Wilcox is an expert in marketing research, marketing analytics, customer relationship management, marketing of financial services, and branding. His litigation experience includes analysis of class certification and damages issues, as well as conducting and rebutting consumer surveys, including conjoint surveys. Professor Wilcox has also provided trial testimony related to branding.

Professor Wilcox formerly served as an economist at the U.S. Securities and Exchange Commission. He was also an assistant professor at the Carnegie Mellon Graduate School of Industrial Administration. Professor Wilcox has consulted to numerous companies, including Sikorsky, Johnson & Johnson, and Visa.

Professor Wilcox’s research has appeared in the Journal of Marketing ResearchManagement ScienceMarketing Science, and other leading marketing and finance journals. His findings have been cited in the Wall Street Journal, the Washington Post, and Businessweek.

He is a frequent contributor to Forbes and the author of the book Whatever Happened to Thrift? Why Americans Don’t Save and What to Do about It, published by Yale University Press and listed among the Top Five Business Books of 2008 by Kiplinger. Professor Wilcox also coauthored the book Cutting-Edge Marketing Analytics: Real World Cases and Data Sets for Hands On Learning, on the use of customer data to improve marketing decisions, published by FT Press.

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.

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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.

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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.

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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.

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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

A periodic feature by Cornerstone Research, in which our affiliated experts, senior advisors, and professionals talk about their research and findi...

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.

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