Survey Says: Tips on Getting Over the Daubert Hurdle

Law Journal Newsletters: The Intellectual Property Strategist

In the first of a series of articles prepared for Law Journal Newsletters: The Intellectual Property Strategist, Managing Principal Rebecca Kirk Fair and Vice President Peter Hess provide tips on improving the odds of surviving Daubert challenges to a wide range of survey evidence.

Drawing on an Analysis Group team’s review of over 300 US court rulings involving surveys, including over 150 Daubert motions, the authors provide examples from relevant rulings to illustrate best practices for bolstering both relevance and reliability in order to get over the Daubert hurdle when submitting survey evidence.

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Kirk Fair R, Hess P, Fehrm V