Alex Yavorsky has more than a decade of experience consulting on complex matters in consumer fraud and product liability, consumer finance, and intellectual property litigation. In these contexts, Ms. Yavorsky has consulted on numerous cases related to false advertising claims and data privacy and has addressed consumer behavior and decision-making issues. She has substantial experience designing surveys to assess materiality, reliance, exposure, and heterogeneity. Ms. Yavorsky’s industry expertise includes consumer goods and services, food and beverage, financial services, and high tech.
Ms. Yavorsky provides economic and marketing analysis and supports experts in all stages of the litigation process, including expert discovery, class certification, merits, deposition, trial, arbitration, and settlement negotiations.
Consumer surveys
Ms. Yavorsky has experience with class certification matters pertaining to consumer fraud and product liability claims. She has conducted various marketing analyses to demonstrate heterogeneity within a putative class. Her survey work includes:
- In IntegrityMessageBoards.com v. Facebook Inc., supporting an expert to develop a consumer survey evaluating the purchase reasons and information sources used in selecting an online advertising platform; the analysis was cited in the court’s decision to deny class certification.
- Developing a consumer survey to evaluate information sources and consumer decision-making for a matter involving a consumer financing service.
- Calculating damages and evaluating consumer perceptions related to false advertising claims in the skincare industry.
In matters involving alleged misrepresentations of consumer products and financial services, Ms. Yavorsky has also developed surveys and evaluated survey data and other market-based research to determine issues of scope and impact.
Consumer finance
Ms. Yavorsky has worked on multiple consumer class actions, as well as matters related to overdraft fees and short-term credit products, such as payday loans. She has analyzed, from a marketing and consumer behavior standpoint, how consumers of short-term financial products evaluate and consider disclosure information.
Ms. Yavorsky has written about consumer analysis techniques that can be used for partitioned pricing matters.
Intellectual property
Ms. Yavorsky’s intellectual property experience includes patents, copyrights, trademarks, and trade secrets. She has extensive experience with lost profits matters arising from alleged patent infringement and breach of contract. In a matter in the haircare industry, Ms. Yavorsky supported an expert who evaluated the impact on a first mover with a patent facing competition from a larger, second entrant who launched an infringing product using alleged trade secrets.