Our extensive network includes top experts from academia and industry.

Our extensive network includes top experts from academia and industry.

David Gal

Professor of Marketing,
College of Business,
University of Illinois at Chicago

David Gal is an expert in consumer behavior, consumer judgment and decision making, and financial decision making. Professor Gal researches a wide range of consumer behavior topics, including loss aversion; how consumers approach and respond to financial and other types of risk and losses; and the role of identity in consumer choices and decisions. Professor Gal has designed and used consumer surveys extensively in his research. He has identified previously unrecognized biases in survey methods. He has also analyzed the foundational assumptions underlying conjoint analysis. Separately, Professor Gal has researched consumer behavior on social media and the business intelligence that can be gathered through social media analytics.

Professor Gal has published numerous articles in leading academic journals in the fields of marketing, statistics, and psychology. He is an associate editor of the Journal of Consumer Psychology and serves on the editorial review boards of the Journal of Consumer Research and the Journal of Marketing Research. His work has also been featured in mainstream media outlets, such as Harvard Business Review, Scientific American, and the Wall Street Journal.

Professor Gal has consulted to Fortune 500 companies on a variety of consumer-focused marketing topics. He has also designed and analyzed consumer surveys in the context of litigation.

At the University of Illinois at Chicago, Professor Gal teaches courses on marketing-led innovation and marketing management. Previously, he served on the faculty at Northwestern University’s Kellogg School of Management.

Our extensive network includes top experts from academia and industry.

Lesley Chiou

Laurence de Rycke Professor of Economics,
Occidental College

Lesley Chiou addresses the antitrust, privacy, and copyright implications of search engine and social media business practices. An expert in the economics of the internet, Professor Chiou focuses on consumer behavior, firm competition, and implications for government regulation of online markets. In these contexts, she has addressed vertical integration in search markets, content aggregation by platforms, the use of trademarks in online search, and the effects of digital advertising on consumer behavior.

Professor Chiou applies her econometric expertise to address various issues related to frictionless commerce, such as bidding behavior in internet auctions, the impact of paywalls on demand for online news, and consumer responses to pricing changes. In addition, Professor Chiou has analyzed competition between online and offline firms. Her industry expertise includes arts and media, consumer goods, and retail.

Professor Chiou presents her research in governmental and academic settings. She has spoken at the Federal Trade Commission and Federal Communications Commission on topics related to competition in digital and print advertising markets. She has also participated in panels and presented her work at leading universities and conferences in the United States and Europe.

Professor Chiou’s papers have been published in the Journal of Economics and Management Strategythe Journal of Law, Economics, and OrganizationMarketing Science; and the Journal of Econometrics. She has coauthored working papers on search engines and data retention; how advertising on social networks can disseminate fake news; and internet access and inequality, among other topics.

At Occidental College, Professor Chiou teaches courses in econometrics and industrial organization. She has held visiting academic positions at UCLA and Boston University.

Our extensive network includes top experts from academia and industry.

Kevin Lane Keller

  • E. B. Osborn Professor of Marketing,
  • Tuck School of Business,
  • Dartmouth College

Kevin Lane Keller’s expertise lies in branding and marketing management. His specific research interest is how theories and concepts related to consumer behavior can improve marketing strategies.

Professor Keller has consulted to some of the world’s most successful brands, including Accenture, American Express, Disney, Ford, Intel, Levi Strauss, L.L.Bean, Nike, Procter & Gamble, and Samsung. He has served as an expert witness in consumer class actions, and matters involving exclusionary practices, brand valuation, and trade secrets.

Professor Keller is an authority on building, measuring, and managing brand equity strategies. His textbook Strategic Brand Management has been adopted at leading business schools and firms. He is also coauthor with Philip Kotler of the all-time best-selling introductory MBA marketing textbook, Marketing Management.

His research has been published in all four of the major marketing journals—the Journal of Marketing, Journal of Marketing Research, Journal of Consumer Research, and Marketing Science. With over one hundred published papers, Professor Keller’s research is widely cited and has received numerous awards. A highly sought-after speaker, he has made keynote speeches and conducted marketing seminars to top executives all over the world.

Previously, Professor Keller was on the faculty at Stanford University, where he also served as the head of the marketing group. He has been on the faculty at the University of California at Berkeley and the University of North Carolina at Chapel Hill, and a visiting professor at Duke University and the Australian Graduate School of Management.

Our extensive network includes top experts from academia and industry.

Kinshuk Jerath

Arthur F. Burns Chair of Free and Competitive Enterprise,
Professor of Business in the Marketing Division,
Columbia Business School,
Columbia University

Kinshuk Jerath specializes in technology-enabled marketing, primarily in online advertising, retailing, and customer management. Professor Jerath’s research has evaluated a range of strategic online advertising practices in both sponsored search advertising and display advertising, including keyword management, poaching, and exclusive placement. He has also analyzed how privacy regulations in the online advertising ecosystem affect stakeholders, such as advertisers, publishers, and consumers.

​Professor Jerath’s research on retailing has contributed to the understanding of agency selling in online retailing marketplaces, as well as the associated behaviors of third-party sellers, advertisers, and platform owners. In his work on customer management, Professor Jerath has developed analytical methods to estimate customer lifetime value for online and traditional retailers.

Professor Jerath has served as an expert on online advertising and retailing, and provided expert testimony in deposition and at trial. Outside of litigation, he has consulted to Fortune 500 companies on online marketing.

Professor Jerath’s work has been published in books, as well as articles in leading journals, including Marketing ScienceManagement Science, the Journal of Marketing Research, and the Journal of Interactive Marketing. He also serves on several editorial boards. Professor Jerath speaks widely on subjects related to online advertising and retailing marketplaces, and has presented to universities and corporations in the United States, United Kingdom, Europe, and Hong Kong.

At Columbia Business School, Professor Jerath teaches courses on digital marketing and customer valuation and management. Previously, he served on the faculty of the Tepper School of Business at Carnegie Mellon University.

Consumer Fraud and Product Liability Capabilities

Cornerstone Research has addressed issues of certification, exposure, reliance, impact, and damages in class actions. Key questions in these cases may include whether common evidence can prove that certain challenged conduct caused each member of the proposed class to make a purchase and whether the challenged conduct injured each member of the proposed class. An additional consideration is whether each proposed class member’s damages, if any, can be determined by common proof. We have worked on class actions involving allegations of:

  • The benefit of the bargain harm, where plaintiffs claim that consumers would have allegedly paid less or not purchased the product at issue had they not allegedly been misled or had defendants not acted in in bad faith, because of improper labeling, advertising, or disclosure
  • Diminished resale value of a durable good due to the challenged conduct
  • Demand and price inflation claims that plaintiffs argue caused class-wide impact, even for consumers who were not influenced by the challenged conduct

Class certification in these cases frequently turns on the particulars of the challenged conduct, the overall structure of the industry and the market, and the characteristics of individual transactions. We evaluate these issues through empirical research within a framework of sound economic concepts.

Individual actions involving allegations of fraud and misrepresentation are often brought by a defendant’s competitors. These cases may require a focus on the relevant market, quantification of the effect of the challenged conduct on demand and prices for competing products, and estimation of damages suffered by competitors due to the defendant’s alleged fraud or misrepresentation.

In addition to lost sales and price erosion, some plaintiffs may also seek reputational damages and punitive damages. We have substantial experience analyzing these specific types of claims, applying our expertise in economics, marketing, finance, econometrics, and accounting.

Our experience in individual actions includes allegations of fraud and misrepresentation in matters involving a broad array of industries and consumer products.

Cornerstone Research staff and experts have significant experience in survey design, including analyzing and implementing reliable sampling techniques. We regularly conduct and critique surveys of market participants to assess consumer behavior, attitudes, and preferences, and to address issues relating to exposure, reliance, and materiality. In some cases, we supplemented these empirical findings with analysis of data originally collected over the course of business as well as from publicly available data sources.

Cornerstone Research regularly formulates and implements empirical analyses to respond to economic and financial issues. We have specialized staff with expertise in advanced modeling and statistical techniques, including difference-in-differences, hedonic regression, and synthetic control methods, among others. We frequently use real-world, large datasets with sophisticated statistical and econometric methods.

We have experience working with experts to develop and implement rigorous, state-of-the-art content analysis techniques—including artificial intelligence and machine learning—to assess marketing messages (such as advertisements), social media and user-generated online content, and other content involving extensive textual data, such as public press spanning many years.

Conjoint analysis is a survey-based marketing research tool developed by academics to understand and estimate consumer preferences. It has been adopted by businesses and industry practitioners to help make decisions on new product development and market segmentation analysis, among other uses. Over the last several years, conjoint analysis has been increasingly proposed as a method to estimate class-wide damages in a variety of consumer class actions including product liability, false advertising, product labeling, and data privacy and data breach matters. However, the technique’s underlying assumptions and limitations render it unsuitable for calculating damages in a class action setting.

Cornerstone Research has rich experience in analyzing causation, impact, and damages issues in the automobile industry. We have addressed allegations of benefit of the bargain harm and diminished resale value in these cases.

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Consumer Finance
We have worked on consumer finance cases involving credit cards, checking accounts, and pension plan choices. Our experience encompasses fraud and misrepresentation allegations as well as deceptive advertising and inadequate disclosure claims.

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Food, Beverage, and Dietary Supplements
In the food, beverage, and dietary supplements industries, Cornerstone Research has applied economic and statistical methods and marketing research techniques such as surveys to cases involving allegations of false advertising, omissions of material information, and product misrepresentation. We have worked on matters involving “All Natural” claims on product labels, health-related claims on product packaging and advertising, the amount of “slack-fill” in product packaging, the amounts of ingredients included in a product, and comparative advertising between competing products, among others.

Life Sciences and Healthcare
We have worked on several cases involving allegations of fraud and misrepresentation in life sciences and healthcare matters.

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In several technology and manufacturing cases, attorneys have retained Cornerstone Research to analyze issues related to alleged false advertising, deception, product liability, and demand and price inflation.

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Other Consumer Products
Our staff have assessed allegations of false advertising, deception, and product liability in many consumer products.


Data Privacy and Data Breach

Cornerstone Research has experience in high-profile data privacy and data breach matters, addressing a wide range of damages methodologies and analyses commonly used by plaintiffs in class actions in the United States.

Our experience covers all stages of litigation, including pre-litigation assessment of exposure, support for mediation, and expert testimony support at the class certification and merits phases. We also have substantial experience assisting clients in regulatory proceedings relating to data privacy or data breach issues in the United States and Europe.

Featured Cases

Featured Publications

5 April 2023

Appraisal Litigation in Delaware—Trends in Petitions and Opinions, 2006–2022

Court-awarded premiums have also fallen sharply as court rulings have relied more on market evidence and deal price.

5 April 2023

New Cornerstone Research Report: Volume of 2022 Delaware Shareholder Appraisal Petitions Returns to Pre-Boom Levels as Court Decisions Have Made Appraisal Litigation Riskier

Court-awarded premiums have also fallen sharply as court rulings have relied more on market evidence and deal price.

15 December 2022

Consumer Analysis Techniques for Partitioned Pricing Cases

This article analyzes recent regulatory and litigation trends surrounding partitioned pricing.

31 March 2022

The Weak Foundations of Conjoint Analysis

David Gal of University of Illinois discusses the methodological limitations of conjoint analysis for assessing consumer preferences and estimating...

17 November 2021

Damages in Consumer Class Actions

The authors discuss methods such as conjoint surveys and regression analysis in the ABA’s A Practitioner's Guide to Class Actions.

8 November 2021

Estimating Harm in Invasion of Privacy and Data Breach Disputes

The authors discuss the recent developments in the UK and the US in invasion of privacy and data breach cases.

22 September 2021

Ad Avoidance in False Advertising Consumer Class Actions (Online Marketing Blog)

In consumer class actions involving allegations of deceptive or false advertising, plaintiffs may allege that a company misrepresented benefits or ...

23 August 2021

Why Curve-Fitting Cannot Be Used to Show Causation or Estimate Impact

Iain Cockburn discusses the problems with curve-fitting methodology in economic analysis in this Westlaw article.

12 March 2021

Using Surveys In Consumer Finance Litigation

The authors consider how surveys can help address key issues regarding consumer financial decision-making in litigation and regulatory enforcement ...

30 January 2021

Omnichannel Marketing (Online Marketing Blog)

We discuss how the internet and e-commerce have prompted some firms to try to adapt their marketing strategies; the implications of these changes o...

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