Surveys
When market data are insufficient, survey research can reveal how consumers think, what influences their choices, and how they perceive key issues. It fills critical gaps and can add depth to existing evidence.
The Brattle Group collaborates with top academic and professional survey experts who design surveys that meet Daubert standards and withstand cross-examination. We also have deep experience critiquing opposing surveys –identifying methodological weaknesses, challenging assumptions, and assessing the reliability of survey-based claims.
Brattle provides full-spectrum litigation support in matters involving survey evidence – from survey design and implementation to expert reports, deposition, and trial strategy. We play a central role in coordinating among survey researchers, economists, and other experts to ensure that the survey findings are integrated seamlessly into the broader case narrative. We have extensive experience in developing original surveys that are statistically rigorous and legally defensible as well as in evaluating existing surveys, identifying flaws, assessing reliability, and presenting findings clearly and effectively in reports and testimony. In either context, we apply consistent analytical rigor and a careful understanding of how survey evidence fits within the broader framework of the case.
Our experts have designed and implemented surveys to address class certification, evaluate liability, and estimate damages in cases involving antitrust, intellectual property, false advertising under the Lanham Act, product liability, and consumer protection issues. These surveys have measured consumer willingness to pay, the substitutability of products, the perceived value of specific product features, and other key behavioral and economic factors, with the survey design tailored to the relevant questions at issue.