Providing objective, data-driven analysis and testifying expertise through BGX Solutions, LLC for trademark disputes, reverse confusion, ad tech tracking, impression-to-revenue damages, and DTC cost modeling. Backed by 20+ years of operational enterprise experience (GlueIQ, Ansira) and a methodology that has withstood a Daubert challenge.
A Daubert challenge targeting digital marketing, search engine optimization (SEO), and keyword ad bidding methodology was overruled in U.S. federal district court, and the expert testimony was permitted.
Trial counsel retains BGX Solutions to translate complex paid search ad auctions, algorithmic attribution models, impression data, and DTC operational economics into clear, defensible evidence for judges and juries.
Forensic analysis of Google Ads and Bing Ads keyword target bidding, impression share loss, ad copy messaging, negative keyword hygiene, and organic SERP displacement to establish intentional consumer diversion or confusion under Polaroid / Sleekcraft factors.
Bridging the gap between digital marketing metrics and financial damages. We construct empirical impression-to-revenue conversion models to quantify unjust enrichment or lost profits, and conduct comprehensive, end-to-end ("soup-to-nuts") cost validations for standalone Direct-to-Consumer (DTC) e-commerce businesses, including CAC, technology stack hosting, fulfillment, and media scaling friction.
Deep-dive audit of Google Analytics 4 (GA4), tag management systems, server logs, ad server parameters, and multi-touch attribution algorithms to verify actual web traffic volume, referral sources, conversion integrity, and lost profits.
Evaluating Amazon / retail platform search indexing, digital catalog placement, category taxonomy encroachment, and target consumer demographic overlap in high-stakes reverse trademark confusion and brand dilution disputes.
A rigorous track record of expert witness reports, deposition defense, damages team collaboration, and consulting strategy across major federal district courts and commercial arbitrations.
International commercial arbitration concerning luxury diamond brand licensing, digital co-op advertising compliance, and standalone Direct-to-Consumer (DTC) launch economics. Partnered directly with the economic damages team to conduct a comprehensive, full-funnel ("soup-to-nuts") cost and operational validation for a DTC e-commerce business model, including CAC, tech infrastructure, media scaling, and fulfillment expenses.
Federal trademark infringement and brand dilution dispute involving keyword ad bidding, search positioning, and digital product placement.
High-stakes federal reverse trademark confusion and brand encroachment litigation involving flagship consumer battery product launches versus senior e-commerce marks.
Trademark infringement and unfair competition dispute concerning online apparel catalogs, targeted digital advertising, and historic university mark usage.
Federal litigation involving digital commercial presence, web traffic attribution integrity, and digital marketing misrepresentation claims.
State commercial litigation concerning product marketing misrepresentation, targeted digital promotional campaigns, and market share impact.
A predictable intake process so counsel can vet, clear, and retain an expert ahead of discovery and report deadlines.
Send a short note. Response within 24 business hours, then a conflict check on the parties.
A brief call to confirm fit, role (testifying or consulting), and the data counsel should request.
Formal CV, prior testimony list, and fee schedule delivered on conflict clearance.
Discovery support, Rule 26 reports, deposition, and trial testimony as the matter requires.
Clear answers regarding expert retention, damages team collaboration, and procedural experience.
Yes. We frequently partner with economic damages consultants, valuation experts, and forensic accountants to supply the empirical marketing foundation for financial calculations.
Our support focuses on two primary areas: (1) Impression-to-Revenue Conversion Modeling: bridging raw search impressions or click logs into lost revenue or unjust enrichment figures; and (2) Full-Funnel DTC Cost Validation: auditing end-to-end ("soup-to-nuts") unit economics, CAC, media scaling friction, hosting, and fulfillment expenses for Direct-to-Consumer business models (as demonstrated in Tolkowsky v. Signet Jewelers).
It is optimal to retain an expert prior to issuing Rule 34 discovery requests. Digital ad logs (Google Ads, Bing Ads, Meta Ads) and server-side analytics (GA4, ad servers) are often subject to short retention cycles. Retaining an expert early ensures you request the exact ad auction logs, negative keyword lists, and attribution parameters required to build a rock-solid case.
Methodological rigor is grounded in standard industry frameworks (such as Google's official ad auction mechanics, peer-reviewed attribution models, and accepted statistical sampling methods) rather than subjective opinion. When opposing counsel mounted a formal Daubert challenge in federal district court against our marketing and search engine methodology, the court overruled the challenge and the testimony was permitted.
Typically, we request raw CSV exports or direct read-only access to Google Ads campaign history, search terms reports, impression share reports, organic search console data, and GA4 property event logs. If direct platform access is unavailable, structured discovery productions of change logs and billing records can be audited.
We offer both testifying expert witness engagements (Rule 26 reports, depositions, trial testimony) and non-testifying consulting expert arrangements (protected under attorney work-product privilege for early evaluation or cross-examination strategy). Fee schedules are provided promptly upon conflict clearance.
Amanda Schlumpf personally reads every message and responds within 24 business hours. Before discussing any substance, she runs a conflict check on the parties. Once conflicts clear, we schedule a short scoping call and provide the fee schedule and full CV so you can move to engagement quickly.
Attorneys, economists, and fellow experts can introduce a matter or a colleague in under a minute.
Send a short note and Amanda Schlumpf will reply within 24 business hours.