Without the help of the rebuttal expert, one side may be limited merely to saying “no, you’re wrong,” without being able to offer any explanation as to why the opposing party is wrong or what alternate situation might explain the facts instead.
Rebuttal expert witnesses are used in cases in which one side must offer an alternative explanation for the opposing party’s view of the facts in order to persuade the judge or jury to take their view. Often, the need for them appears during the discovery stage. One party discloses their expert, the opposing party makes a Daubert, summary judgment motion, or seeks to minimize the opposing expert's report, arguing that the expert is deficient, and the first party seeks an additional expert disclosure – aka a “rebuttal” expert.
Retained by 100+ law firms since 2005, Ms. Harper is courtroom proven. She has been engaged to provide 65+ surveys, 80+ reports, 30+ rebuttals, 45+ depositions, and serve in 20+ trials. She has provided services to both Plaintiffs (60%) and Defendants (40%) across trademark and trade dress, packaging, merchandising, defamation, licensing, breach of contract, advertising, and commercial reasonableness. She has provided services in virtually every Circuit as well as JAMS and TTAB.
Ms. Harper's 30+ year career includes serving as a Fortune 100 Chief Marketing Officer. Having authored two books, she is a former Adjunct MBA Marketing Professor.
Ms. Harper is routinely retained to formulate expert surveys, conduct rebuttal critiques, or construct rebuttal surveys to show the potential difference in results with properly designed and executed surveys. 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.