Rapid and often disruptive innovation by technology firms and data-driven businesses has thrown several unique challenges for consumers, firms, and regulators. These issues span a variety of areas, including alleged anticompetitive behavior, market manipulation, data privacy and security breaches, algorithmic bias, and infringement of intellectual property. | Counsel for leading technology firms and firms facing scrutiny related to their use of data, algorithms, and artificial intelligence have retained Cornerstone Research to work on both litigation and regulatory investigations due to our deep knowledge of the relevant economic, financial, and policy issues, specialized big data, machine learning, and data science skills, and ability to bring a cross-practice approach. |
Our extensive network includes top experts from academia and industry.
Our extensive network includes top experts from academia and industry.
Donna L. Hoffman
Professor of Marketing,
Louis Rosenfeld Distinguished Scholar,
GW School of Business,
The George Washington University
Donna Hoffman is a world-renowned expert in online consumer experience and behavior, including how consumers react to information and disclosures in digital and online settings. Professor Hoffman is also a leading scholar on the impact of artificial intelligence (AI) and the Internet of Things (IoT) on consumer perceptions and behavior. She has extensive experience with survey methods and content analysis.
Professor Hoffman has testified in multiple matters, including in two federal trials. Her testimony in these matters included evaluating and opining on issues relating to online consumer behavior, digital marketing, and the role of internet search in the purchase decision process. Professor Hoffman has also applied her expertise to evaluate allegations of dark patterns in online user interfaces and their influence on user perceptions, decisions, and behavior. Some of her work in these contexts has involved data privacy issues.
Professor Hoffman cofounded and codirects the Center for the Connected Consumer, an academic research center dedicated to understanding consumer experiences with AI and smart devices that are connected to the internet.
Professor Hoffman’s research has appeared in top academic and managerial publications, such as Marketing Science, Management Science, the Journal of Marketing Research, the Journal of Marketing, the Journal of Consumer Research, and the Journal of Consumer Psychology. She currently serves on the editorial boards of leading academic publications in the marketing discipline, as well as serving as an associate editor at the Journal of Marketing. She coedited the book Beyond the Basics: Research-Based Rules for Internet Retailing Advantage and has coauthored numerous book chapters focused on consumer behavior in online environments.
One of the most highly cited scholars in the marketing field, Professor Hoffman has received many prestigious research awards. These include the Society for Consumer Psychology Fellow Award; the Robert B. Clarke Educator of the Year Award from Marketing EDGE (formerly the DMEF); the Sheth Foundation/Journal of Marketing Award for long-term contributions to the marketing discipline; and the William O’Dell/Journal of Marketing Research Award for long-term research impact.
Professor Hoffman has consulted to major corporations on electronic commerce and digital marketing strategy, including FedEx.com, Intel, Lands’ End/Sears, Microsoft, Procter & Gamble, and Walmart.com. She also served as a member of the Procter & Gamble Digital Advisory Board.
Our extensive network includes top experts from academia and industry.
Lorin M. Hitt
Zhang Jindong Professor of Operations, Information and Decisions,
The Wharton School, University of Pennsylvania;
Senior Advisor, Cornerstone Research
Lorin Hitt is an expert in applied econometrics who works on a broad range of antitrust, product liability, and intellectual property matters. He studies the role of information and information technology in pricing and product strategy decisions, competition, market structure, and consumer behavior.
Professor Hitt’s research focuses on how information and technology create economic value; how goods and services are priced; how competition works in information-intensive industries and online markets; and how consumers search and use information in their decision-making, among other topics. In his research, Professor Hitt utilizes a variety of empirical methods to estimate demand and supply, measure the effect of external events on market prices, and value individual product features in differentiated products.
Professor Hitt has substantial experience addressing class certification, damages, and liability issues. His expertise includes analyzing market data and evaluating proposed empirical methods such as hedonic price analyses, difference-in-differences regression analyses, and conjoint analyses. He has testified in high-profile antitrust, product liability, data privacy, data breach, and intellectual property matters, such as:
- Epic v. Apple, a matter involving Apple’s App Store, which Global Competition Review (GCR) recognized as its 2022 Matter of the Year and Litigation of the Year – Non-Cartel Defence
- Earl et al. v. Boeing and Southwest, in which the Fifth Circuit de-certified the proposed class on appeal
- Volkswagen “Clean Diesel” Litigation (Nemet et al. v. Volkswagen), in which the judge dismissed the case, finding the plaintiffs’ analyses to be unreliable and inadmissible due to critical flaws that Professor Hitt identified
- Johannessohn et al. v. Polaris Industries Inc.
- In Re TFT-LCD (Flat Panel) Antitrust Litigation
- Stragent LLC et al. v. Intel Corp.
Professor Hitt’s research has been published in leading economics and management journals, including the Quarterly Journal of Economics, the Review of Economics and Statistics, the Journal of Economic Perspectives, Brookings Papers on Economic Activity, Management Science, and Information Systems Research.
At the Wharton School and the Massachusetts Institute of Technology, Professor Hitt has taught courses on competition and customer pricing, information systems management, the economics of technology, and data analysis. He has won the annual Wharton Undergraduate Teaching Award more than ten times, and he has also been honored with the Wharton-wide Hauck Award and the University of Pennsylvania-wide Lindback Award for distinguished teaching.
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 Strategy; the Journal of Law, Economics, and Organization; Marketing 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.
Jonah Berger
Associate Professor of Marketing,
The Wharton School,
University of Pennsylvania
Jonah Berger is a renowned expert on word of mouth, influence, consumer behavior, and how products, ideas, and behaviors are shared and disseminated.
Professor Berger analyzes the impact of digital and traditional marketing, as well as social media, on consumer behavior and product demand. He specializes in using sophisticated quantitative tools, such as natural language processing and automated content analysis, to gain behavioral insights from textual data. He has also conducted hundreds of surveys in his academic work and has opined on surveys as an expert witness. In Ciccio et al. v. SmileDirectClub LLC et al., for example, he rebutted a survey and analyzed marketing data to demonstrate the need for individualized inquiry. Professor Berger has frequently testified in depositions and at trial.
In his research, Professor Berger assesses how text in online reviews, customer service calls, press releases, marketing communications, and other interactions can be used to gain insights about the impact of marketing. He has also studied what makes certain online content go viral, the effects of negative publicity, and how assortment size influences brand perceptions and choice.
Professor Berger is the author of bestselling books on consumer behavior, including Magic Words: What to Say to Get Your Way (2023); The Catalyst: How to Change Anyone’s Mind (2020); Invisible Influence: The Hidden Forces That Shape Behavior (2016); and Contagious: Why Things Catch On (2013). Amazon cited Contagious among its Best Business Books of the Year.
Professor Berger has published over seventy academic articles, including in leading journals such as the Journal of Marketing and the Journal of Consumer Research. His coauthored article “What Makes Online Content Go Viral?” won Sage’s 2023 10-Year Impact Award, which recognizes articles with lasting influence in the decade since their publication. The Journal of Marketing Research https://group.sagepub.com/press-releases/sages-10-year-impact-awards-recognize-research-with-long-term-influencealso honored this article with its William F. O’Dell Award, for significant, long-term contribution to marketing theory, methodology, and/or practice.
The American Management Association named Professor Berger one of the top thirty leaders in business. He consults to major tech firms, global retailers, and leading nonprofit organizations.
Professor Berger has served on the editorial boards of the Journal of Consumer Research, the Journal of Marketing Research, Marketing Science, and the Journal of Consumer Psychology, among others. The New York Times, Wall Street Journal, and Harvard Business Review often cover his research.
At the Wharton School, Professor Berger has received multiple awards for excellence in research and teaching. He has taught courses on consumer behavior and marketing management, and his online course is one of the most popular in the world.
Technology Capabilities
The importance of tech firms, big data, and the accelerating use of digital technologies in many industries has led to a range of emerging competition issues in the U.S. and abroad.
- Two-Sided Markets
- Mergers and Killer Acquisitions
- Collusion and Algorithms
- Exclusionary Practices Due to Data Ownership or Use of Algorithms
- Price Discrimination via Algorithms
Cornerstone Research leverages significant experience in complex securities and asset management cases and applies it to issues specific to FinTech, blockchain technology, and consumer finance.
- FinTech Investments
- Blockchain Technology
- Consumer FinTech
The sensitive nature and multiple uses of healthcare and pharmaceutical data have raised a number of concerns related to privacy, competition, bias, and intellectual property.
- Patient Data, Barriers to Entry, and Market Power
- Algorithmic Bias
- Electronic Data, Invasion of Privacy, and Data Breach
- Disease Diagnosis
- Software-Driven Medical Devices
- Drug Discovery
Technology intensive industries and big data applications present unique challenges—from patent thickets and licensing to trade secrets and artificial intelligence.
- Standards and Fair, Reasonable, and Non-Discriminatory (FRAND) Licensing
- Patent Thickets
- Copyrights
- Trade Secrets, Big Data, and Artificial Intelligence (AI)
Firms are increasingly using algorithmic processes to help make business decisions. These changes have important implications for legal issues related to employment and discrimination.
- Algorithmic Bias and Big Data
- Data-Driven Self-Assessment
- Worker Classification and the Gig Economy
Through innovative frameworks, advanced data analytics capabilities, and case experience, our staff and experts are equipped to address issues related to causation, impact, and damages in these novel matters.
- Data Privacy and Data Breach Litigation
- Artificially Intelligent Products and Risk
- Complexities in Digital Marketing, In-App Mobile Advertising, and Search Engine Advertising
- Consumer Behavior Online and User-Generated Data
Data-driven businesses face increasing challenges related to big data in high-stakes litigation and investigations. As an industry leader in advanced tools, techniques, and infrastructure, Cornerstone Research’s Data Science Center provides clients with efficient and secure large-scale data analytics.
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