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Survey rebuttals

Survey Rebuttals – Expose Critical and Fatal Flaws

Expose Critical and Fatal Survey Flaws

Survey rebuttals can save your case

Your intellectual property infringement case is hanging on the validity of an expert survey. The expert is experienced and the report looks solid. But is it? Only a rebuttal expert can tell you how good, or bad, it actually is for your case.

At Harper Litigation Consulting and Research (HLCR), Rhonda Harper specializes in Lanham Act surveys and rebuttals. In fact, Ms. Harper has been engaged by more than 130 law firms.

There is a methodology that sets her rebuttals apart from the pack. She formulates expert rebuttal critiques based on solid marketing principles and models, professional research standards, and her more than 30 years of Fortune 500 experience. Ms. Harper also provides guidance on how to approach the opposing experts' depositions.


Thorough review and response to an opposing expert’s survey work is a critical component of a successful rebuttal strategy. Ms. Harper provides guidance on how to approach the opposing counsel’s evidence in order to make a strong, effective rebuttal, including crafting effective critiques or constructing rebuttal surveys. Over the past 15 years Ms. Harper has provided scores of these services to clients nationwide.

Specifically, Ms. Harper formulates expert rebuttal critiques and constructs rebuttal surveys to show the potential difference in results with properly designed and executed surveys. She is adept at providing a thorough critical analysis of the flaws in a poorly designed and executed survey. Harper also provides guidance on how to approach the opposing experts' depositions. Ms. Harper evaluates the quality and reliability of opposing counsel's survey evidence. She provides assessments of the degree to which surveys conform to generally-accepted principles of proper survey research. 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.

Ms. Harper follows the standards set by Dr. Shari Diamond, among others, to ensure the validity of her research studies and those she is rebutting. These include:

  • Appropriate universe selection and sampling frame
  • Rigorous and valid survey design that is probative of the relevant issues in a case
  • Inclusion of representative, qualified respondents
  • Use of procedures to minimize potential biases in data collection
  • Use of objective, non-leading questions
  • Use of procedures to reduce guessing among respondents, and
  • Full analysis and reporting of survey data

Learn more about Harper Litigation Consulting and Research and expert witness Rhonda Harper.