Alan Potter consults on matters involving consumer fraud and product liability claims. Dr. Potter has expertise in survey methodology, consumer behavior, content analysis, and quantitative analyses of large datasets related to consumer behavior and decision-making. He leads teams to support clients and experts in all stages of litigation, including deposition and trial.
Dr. Potter’s experience covers various industries and product categories, including automobiles, consumer packaged goods, pharmaceuticals, and technology.
Consumer fraud
Dr. Potter has extensive experience in matters alleging consumer fraud. His work includes:
- Assessing the impact of alleged misrepresentations and omissions on labels and advertisements
- Analyzing consumer behavior and pricing data for class certification and materiality issues
- Evaluating how users navigate websites and apps to address issues arising from allegedly deceptive user interfaces
- Using content analysis in false advertising claims
Surveys
Dr. Potter provides expertise on all aspects of survey design, implementation, and rebuttal. Representative experience includes:
- Consulting on survey design and implementation to assess class certification issues, materiality, intellectual property disputes, and antitrust issues
- Rebutting surveys in numerous contexts, including conjoint surveys, survey experiments, and contingent valuation
- Supporting survey rebuttal in Ciccio et al. v. SmileDirectClub LLC et al., a false advertising matter, in which class certification was denied
- Publishing research about the use of surveys in consumer finance litigation