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BGX Solutions Amanda Schlumpf | Strategic Marketing & Litigation Expert Witness
Financial Damages & Economics

Marketing Damages, Impression-to-Revenue Modeling & DTC Cost Validation

"How do raw paid media impressions, search clicks & DTC unit economics translate into defensible damages?"

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Damages experts and forensic accountants need a defensible marketing foundation under their numbers. Impressions, clicks, and conversion rates do not become revenue on their own, and a hypothetical direct-to-consumer business does not run without real acquisition, technology, and fulfillment costs.

BGX Solutions works alongside economic damages teams to build that foundation: empirical impression-to-revenue conversion models, and full-funnel ("soup-to-nuts") operational cost validation for standalone DTC e-commerce business models, as in the AAA commercial arbitration Amarussein Investments (Tolkowsky) v. Signet Jewelers Brands Ltd.

Questions Counsel Bring to Us

  • How many diverted impressions or clicks plausibly converted into sales?
  • What would it realistically have cost to acquire those customers (CAC)?
  • Are a claimed DTC launch plan's media, technology, and fulfillment costs realistic?
  • How do media costs scale, and where does scaling friction erode margin?
  • Which marketing inputs in the opposing damages model are unsupported?

Evidence We Typically Request

  • Paid media impression, click, and spend data by channel and period
  • E-commerce platform order and conversion data
  • GA4 or legacy analytics conversion and revenue reports
  • Business plans, launch budgets, and agency statements of work
  • Technology stack, hosting, and fulfillment vendor invoices
  • Opposing expert reports and their underlying marketing assumptions

Not sure what to request? Retaining a consulting expert before serving discovery helps ensure the right records are preserved and produced.

Related Matters

AAA Commercial Arbitration

Amarussein Investments (Tolkowsky) v. Signet Jewelers Brands Ltd.

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.

DTC Damages Validation Full end-to-end operational cost validation for standalone DTC e-commerce business models in partnership with economic damages team.
U.S. District Court, Northern District of California

The Cookie Department, Inc. v. ONE Brands, LLC (Hershey Co.)

Federal trademark infringement and brand dilution dispute involving keyword ad bidding, search positioning, and digital product placement.

Keyword Bidding Analysis Expert analysis of digital marketing, paid search bidding, and SEO methodology.
U.S. District Court, Northern District of Illinois

Madison Street Properties v. Marcus Corp.

Federal litigation involving digital commercial presence, web traffic attribution integrity, and digital marketing misrepresentation claims.

Attribution Audit Forensic web traffic auditing and digital advertising reporting validation.

See all case experience

Frequently Asked Questions

Do you replace the economic damages expert?

No. We partner with economic damages consultants, valuation experts, and forensic accountants, supplying the empirical marketing inputs and operational cost validation their financial calculations depend on.

What is full-funnel ("soup-to-nuts") DTC cost validation?

An end-to-end audit of what it actually costs to run a standalone direct-to-consumer e-commerce business: customer acquisition cost, media scaling friction, technology stack and hosting, fulfillment, and related operating expenses. It tests whether a claimed or hypothetical DTC business model holds up economically.

Have a Matter Involving Marketing Damages & DTC Cost Validation?

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