Weighing the Benefits: How Much Weight Will Your Survey Have in Court?
Law Journal Newsletters: The Intellectual Property Strategist, August 2020
In the second article in a series by Analysis Group about the use of surveys in litigation, three consultants discuss ways to design surveys that provide results that are valuable, dependable, and admissible in a courtroom setting. To that end, Principal Rene Befurt, Manager Anthony Nasr, and Senior Analyst Marie Warchol have authored “Weighing the Benefits: How Much Weight Will Your Survey Have in Court?” which was published in Law Journal Newsletters: The Intellectual Property Strategist.
Dr. Befurt, Mr. Nasr, and Ms. Warchol point out that it is not enough for survey evidence to withstand Daubert challenges and be admitted into evidence. Flawed surveys may be deemed admissible, but then suffer under cross-examination or wilt in the face of contrary evidence. The authors suggest ways to design surveys that avoid common flaws and vulnerabilities that undermine credibility, and advise on how to produce results that carry greater weight in court.